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EUTM file information

018464637

EXERCITE

May 2, 2021

Trademark Summary

The trademark EXERCITE was filed by Hansefit GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 27, 2021, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on September 27, 2021 by EIFFAGE ENERGIE SYSTEMES - REGIONS FRANCE on Likelihood of confusion. the opponent was represented by IPSILON and its proceedings were handled in English The second opposition filed on September 13, 2021 by EXERCYCLE, S.L. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Izquierdo Blanco, Maria Alicia and its proceedings were handled in English

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceuticals, medical and veterinary preparations
    2. Sanitary preparations for medical purposes
    3. Dietetic food and substances adapted for medical or veterinary use, food for babies
    4. Dietary supplements for human beings and animals
    5. Plasters, materials for dressings
    6. Material for stopping teeth, dental wax
    7. Disinfectants
    8. Dietary supplements and dietetic preparations
    9. Food supplements for sportsmen
    10. Hygienic preparations and articles
    11. Powdered fruit-flavored dietary supplement drink mix
    12. Effervescent vitamin tablets
    13. Vitamin tablets
    14. Preparations for supplementing the body with essential vitamins and microelements
    15. Dietary supplements consisting primarily of magnesium
    16. First-aid boxes, filled
    17. Fitness and endurance supplements
    18. Multi-vitamin preparations.
  • The mark was filed in class 9 with following description of goods:
    1. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    2. Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    3. Recorded and downloadable media, computer software, blank digital or analogue recording and storage media for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    4. Coin-operated mechanisms for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    5. Cash registers, calculating machines for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    6. Computers and computer peripherals for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    7. Diving suits, Divers' masks, ear plugs for diving, Nose clips for divers and swimmers, Gloves for divers, Breathing apparatus for underwater swimming
    8. Fire extinguishers
    9. Software related to sports, fitness, lifestyle, leisure and personal wellbeing, but excluding software for physical exercise apparatus
    10. Mobile apps for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    11. Downloadable application software for smart phones for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    12. Computer software applications for use with mobile devices, namely as social media and for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    13. Fitness apps
    14. Lifestyle apps
    15. Wellness apps
    16. DVDs
    17. Prerecorded fitness DVDs
    18. Connected bracelets [measuring instruments] for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    19. Audio recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
    20. Video recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
    21. Audio visual recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
    22. Compact discs
    23. Data-processing equipment and computers, In particular magnetic recording media, Memory components for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    24. Smartcards, Memory cards, Flash cards, Integrated circuit cards [smart cards], Relating to the following purposes, Data recordings, storing of data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    25. Multimedia recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
    26. Electronic publications, downloadable
    27. Publications downloadable from the Internet
    28. Encoded cards
    29. Encoded cards for use in point of sale transactions
    30. Cards bearing electronically recorded data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    31. Cash cards [magnetic]
    32. Integrated circuit cards [smart cards]
    33. Security tokens [encryption devices]
    34. Electronic chip cards
    35. Spectacles
    36. Goggles for sports
    37. Sunglasses
    38. None of all aforementioned goods in relation with cycling and bicycles and its accessories
    39. None of all aforementioned goods for use in physical exercise apparatus
    40. None of all aforementioned goods for software for use in physical exercise apparatus.
  • The mark was filed in class 16 with following description of goods:
    1. Printed matter, and stationery and educational supplies
    2. Paper and cardboard
    3. Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
    4. Works of art and figurines of paper and cardboard, and architects' models
    5. Decoration and art materials and media
    6. Filtering materials of paper
    7. Printed matter
    8. Teaching materials, in class 16
    9. None of all aforementioned goods in relation with cycling and bicycles and its accessories
    10. None of all aforementioned goods for use in relation to physical exercise apparatus.
  • The mark was filed in class 18 with following description of goods:
    1. Luggage, bags, wallets and other carriers
    2. Umbrellas and parasols
    3. Saddlery, whips and apparel for animals
    4. Walking sticks
    5. Travel baggage
    6. Bags
    7. Bags for sports
    8. Bags
    9. Rucksacks
    10. Beach bags
    11. Roller bags
    12. Toiletry bags
    13. All-purpose athletic bags
    14. Cosmetic purses
    15. Gym bags
    16. Key cases
    17. Shoe bags
    18. Straps for luggage
    19. Purses
    20. Umbrellas
    21. Key cases
    22. None of all aforementioned goods in relation with cycling and bicycles and its accessories
    23. None of all aforementioned goods for use in relation to physical exercise apparatus.
  • The mark was filed in class 21 with following description of goods:
    1. Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
    2. Unworked and semi-worked glass, not specified for use
    3. Tableware, cookware and containers
    4. Cosmetic, hygiene and beauty care utensils
    5. Coupes
    6. Drinking bottles
    7. Drinking bottles for sports.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Headgear
    3. Footwear
    4. Parts of clothing, footwear and headgear
    5. Sportswear
    6. Tee-shirts
    7. Sweat shirts
    8. Casual shirts
    9. Trousers
    10. Short trousers
    11. Sports pants
    12. Gym suits
    13. Bathing suits
    14. Sports jerseys
    15. Caps being headwear
    16. Hats
    17. Visor caps
    18. Sweatbands
    19. Clothing for gymnastics
    20. Socks
    21. Stockings
    22. Sports socks
    23. Yoga tops
    24. Yoga trousers
    25. Headscarves
    26. Hooded pullovers
    27. Gloves [clothing]
    28. Fingerless gloves
    29. Sneakers
    30. Training shoes
    31. Sports shoes.
  • The mark was filed in class 27 with following description of goods:
    1. Floor coverings and artificial ground coverings
    2. Wall and ceiling coverings
    3. Floor coverings [mats] for use in sporting activities
    4. Imitation turf for use in covering surfaces for sports purposes
    5. Floor coverings [mats] being sheet materials for use in sporting activities
    6. Yoga mats
    7. Gymnastic mats.
  • The mark was filed in class 28 with following description of goods:
    1. Games, toys and playthings
    2. Video game apparatus
    3. Decorations for Christmas trees
    4. Games
    5. Games for use relating to the following goods, TV apparatus, Video scanners, Visual display, computer
    6. Portable games and toys incorporating telecommunication functions
    7. Appliances for gymnastics
    8. Sportballs
    9. Sports games
    10. Rackets
    11. Exercise bands
    12. None of all aforementioned goods in relation with cycling and bicycles and its accessories
    13. None of all aforementioned goods for use in physical exercise apparatus
    14. None of all aforementioned goods including software for physical exercise apparatus.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and artificial coffee
    2. Rice, pasta and noodles
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Bread, pastry and confectionery
    6. Chocolate
    7. Ice cream, sorbets and other kinds of edible ices
    8. Sugar, honey, treacle
    9. Yeast, baking-powder
    10. Salt, condiments, spices, preserved herbs
    11. Vinegar, sauces and other condiments
    12. Ice [frozen water]
    13. Muesli bars
    14. Energy bars
    15. Cereal-based snack food
    16. Candy bars
    17. Fruit gums [other than for medical use]
    18. Biscuits
    19. Candy
    20. Preparations of cereals, namely, cereal energy bars
    21. Rice-based snack food
    22. Bars and preparations based on wheat.
  • The mark was filed in class 32 with following description of goods:
    1. Beer
    2. Non-alcoholic drinks, mineral and aerated water
    3. Fruit beverages and fruit juices
    4. Syrups and other non-alcoholic preparations for making beverages
    5. Mineral and aerated waters and other non-alcoholic beverages
    6. Fruit drinks
    7. Juices
    8. Syrups and other preparations for making beverages
    9. Isotonic beverages
    10. Sports drinks
    11. Sports drinks containing electrolytes
    12. Protein-enriched sports beverages
    13. Syrups, Preparations, Essences, For the following purposes, making non-alcoholic beverages, Except essential oils
    14. Beverages, For the following purposes, quenching the thirst in liquid, powder or concentrated form, Preparations for making beverages.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing, promotion in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    2. Provision of business assistance, Commercial consumer information in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    3. Business assistance, management and administrative services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    4. Advertising (including sponsoring and merchandising), marketing, In particular by means of customer loyalty and bonus schemes in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    5. Development, coordination and management of customer loyalty and bonus schemes
    6. Issuing of data carriers for registering customer loyalty and bonus transactions, in particular customer cards and bonus cards
    7. Customer research and customer support through customer loyalty and bonus schemes in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    8. Promotion services, Other activities, for the following purposes, Sales promotion by creating and providing customer loyalty and bonus schemes, including the issuing of customer cards (bonus schemes) in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    9. Business management of sporting clubs
    10. Retail services, Wholesaling services, in relation the following goods, Sporting goods
    11. Promotion of goods and services through sponsorship of sports events
    12. Advertising for others in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
    13. Procurement of contracts [for others] in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    14. Arranging of contracts, for others, for the providing of services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    15. Business management of sporting facilities [for others]
    16. Business management and organization consultancy in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    17. None of all aforementioned services in relation with cycling and bicycles and its accessories
    18. None of all aforementioned services in relation to physical exercise apparatus
    19. None of all aforementioned services in relation to software for physical exercise apparatus.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    2. Providing access to multimedia content online in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    3. Audio, video and multimedia broadcasting via the Internet and other communications networks in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    4. Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network in relation to sports, fitness, lifestyle, leisure and personal wellbeing
    5. None of all aforementioned services in relation with cycling and bicycles and its accessories
    6. None of all aforementioned services for use in physical exercise apparatus
    7. None of all aforementioned services for software for physical exercise apparatus.
  • The mark was filed in class 41 with following description of goods:
    1. Educational instruction
    2. Training
    3. Entertainment services
    4. Sporting and cultural activities
    5. Sports training
    6. Sports coaching
    7. Exercise [fitness] training services
    8. Exercise [fitness] advisory services
    9. Health and fitness training
    10. Conducting of sporting and cultural activities
    11. Conducting fitness classes
    12. Provision of instruction relating to exercise
    13. Instruction in group exercise
    14. Provision of training courses
    15. Provision of instruction relating to nutrition
    16. Provision of facilities for dancing
    17. Provision of training courses
    18. Training in yoga
    19. Provision of educational services relating to health
    20. Provision of gymnastic instruction
    21. Provision of information relating to physical training via an online web site
    22. Conducting training sessions on physical fitness online
    23. Education services relating to meditation
    24. Entertainment services provided by on-line streams
    25. Education services relating to meditation
    26. Providing recreation facilities
    27. Aerial fitness instruction
    28. Information relating to sports education
    29. Provision of courses of instruction relating to sport
    30. Advisory services relating to the organisation of sporting events
    31. Providing online videos, not downloadable
    32. Providing on-line music, not downloadable
    33. Distance learning services provided online
    34. Provision of multimedia entertainment programs by television, broadband, wireless and on-line services
    35. None of all aforementioned services in relation with cycling and bicycles and its accessories
    36. None of all aforementioned services in relation to physical exercise apparatus
    37. None of all aforementioned services in relation to software for physical exercise apparatus.
  • The mark was filed in class 44 with following description of goods:
    1. Medical services
    2. Animal healthcare services
    3. Hygienic and beauty care for human beings or animals
    4. Services in the field of agriculture, aquaculture, horticulture and forestry
    5. Dietetic advisory services
    6. Medical services
    7. Beauty care
    8. Advisory and information services in relation to health, hygiene, diet, slimming and beauty
    9. Counselling services, providing information, in relation to the following fields, Wellness services for beauty care, Spas for well-being, Relaxation massages in spas
    10. Providing on-line information relating to the prevention of cardiovascular disease and strokes
    11. None of all aforementioned services in relation with cycling and bicycles and its accessories
    12. None of all aforementioned services in relation to physical exercise apparatus
    13. None of all aforementioned services in relation to software for physical exercise apparatus.