The trademark GYMFIRST was filed by Zhejiang Aicai Trading Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 20, 2021, and received one opposition filed on August 22, 2021 by Fitness First Germany GmbH on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by OSBORNE CLARKE (HAMBURG) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 28, 2022.
The Opposition with reference B 003153227 was refused according to Article 8(1)(b) EUTMR with decision issued on November 16, 2022 by the EUIPO.