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EUTM file information

018464638

HEROFIT

May 2, 2021

Trademark Summary

The trademark HEROFIT 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 26, 2021 by HERO AG on Likelihood of confusion. the opponent was represented by RAFFAY & FLECK and its proceedings were handled in German The second opposition filed on September 9, 2021 by GoPro, Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MITSCHERLICH, PATENT- UND RECHTSANWÄLTE, PARTMBB and its proceedings were handled in English The third opposition filed on June 28, 2021 by Delivery Hero SE on Likelihood of confusion. the opponent was represented by Dentons Europe Dąbrowski i Wspólnicy sp. k. 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 for treatment of sports injuries, medical and veterinary preparations
    2. Sanitary preparations for medical purposes
    3. Dietary food supplements for athletes
    4. Plasters, materials for dressings
    5. Disinfectants
    6. Hygiene products and items
    7. Beverage powder with fruit-flavor as dietary supplement for athletes, namely protein and isotonic beverages
    8. Pastilles for effervescing vitamin beverages
    9. Vitamin tablets
    10. First aid kits
    11. Dietary fitness and endurance supplements
    12. Multivitamin preparations for athletes.
  • 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
    2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
    3. Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
    4. Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
    5. Coin-operated mechanisms
    6. Cash registers, calculating machines
    7. Computers and computer peripherals
    8. Diving suits, Divers' masks, ear plugs for diving, Nose clips for divers and swimmers, Gloves for divers, Breathing apparatus for underwater swimming
    9. Fire extinguishers
    10. Software
    11. Mobile apps
    12. Downloadable application software for smart phones
    13. Computer software applications for use with mobile devices
    14. Fitness apps
    15. Lifestyle apps
    16. Wellness apps
    17. Electronic sports training simulators [computer hardware and software-based teaching apparatus]
    18. Sports training simulators
    19. DVDs
    20. Prerecorded fitness DVDs
    21. Connected bracelets [measuring instruments]
    22. Audio recordings
    23. Video recordings
    24. Audio visual recordings
    25. Compact discs
    26. Data-processing equipment and computers, In particular magnetic recording media, Memory components
    27. Smartcards, Memory cards, Flash cards, Integrated circuit cards [smart cards], Relating to the following purposes, Data recordings, storing of data
    28. Pedometers
    29. Multi-media recordings
    30. Electronic publications, downloadable
    31. Publications downloadable from the Internet
    32. Encoded cards
    33. Encoded cards for use in point of sale transactions
    34. Cards bearing electronically recorded data
    35. Cash cards [magnetic]
    36. Integrated circuit cards [smart cards]
    37. Security tokens [encryption devices]
    38. Electronic chip cards
    39. Spectacles
    40. Goggles for sports
    41. Sunglasses
    42. All of the aforementioned goods in the field of fitness, sports, lifestyle, leisure and personal wellbeing and none of the aforementioned goods related to food products and nutrition, delivery, courier and restaurant services, cameras, photography and/or accessories related to cameras and photography.
  • 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.
  • 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.
  • 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. Gymnastic and sporting articles
    4. Decorations for Christmas trees
    5. Games
    6. Games for use relating to the following goods, TV apparatus, Video scanners, Visual display, computer
    7. Portable games and toys incorporating telecommunication functions
    8. Appliances for gymnastics
    9. Sporting articles
    10. Sports equipment
    11. Body training apparatus [exercise]
    12. Machines incorporating weights for use in physical exercise
    13. Sportballs
    14. Sports games
    15. Rackets
    16. Exercise bands
    17. Machines for physical exercises
    18. Indoor fitness apparatus
    19. Apparatus for achieving physical fitness [for non-medical use].
  • The mark was filed in class 30 with Coffee, tea, cocoa and artificial coffee and protein-rich bars for athletes..
  • The mark was filed in class 32 with following description of goods:
    1. Beers
    2. Syrups and other non-alcoholic preparations for protein and isotonic beverages
    3. Isotonic beverages
    4. Protein fortified sports beverages.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing, promotion
    2. Provision of business assistance, Commercial consumer information
    3. Business assistance, management and administrative services
    4. Advertising (including sponsoring and merchandising), marketing, In particular by means of customer loyalty and bonus schemes
    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
    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)
    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
    13. Procurement of contracts [for others]
    14. Arranging of contracts, for others, for the providing of services
    15. Business management of sporting facilities [for others]
    16. Business management and organization consultancy
    17. Business management consultancy
    18. All the aforementioned services not in the field of cameras, videography or photography and not in the field of delivery, courier and restaurant services.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Providing access to multimedia content online
    3. Audio, video and multimedia broadcasting via the Internet and other communications networks
    4. Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network
    5. All the aforementioned services not in the field of cameras, videography or photography and not in the field of delivery, courier and restaurant services.
  • The mark was filed in class 41 with following description of goods:
    1. Sports training
    2. Sports coaching
    3. Exercise [fitness] training services
    4. Exercise [fitness] advisory services
    5. Health and fitness training
    6. Conducting of sporting and cultural activities
    7. Conducting fitness classes
    8. Provision of instruction relating to exercise
    9. Instruction in group exercise
    10. Provision of training courses
    11. Provision of instruction relating to nutrition
    12. Provision of facilities for dancing
    13. Provision of training courses
    14. Training in yoga
    15. Provision of educational services relating to health
    16. Provision of gymnastic instruction
    17. Provision of information relating to physical training via an online web site
    18. Conducting training sessions on physical fitness online
    19. Education services relating to meditation
    20. Entertainment services provided by on-line streams
    21. Education services relating to meditation
    22. Providing recreation facilities
    23. Aerial fitness instruction
    24. Information relating to sports education
    25. Provision of courses of instruction relating to sport
    26. Advisory services relating to the organisation of sporting events
    27. Providing online videos, not downloadable
    28. Providing on-line music, not downloadable
    29. Distance learning services provided online
    30. Provision of multimedia entertainment programs by television, broadband, wireless and on-line services
    31. All the aforementioned services not in the field of cameras, videography or photography and not in the field of delivery, courier and restaurant services.
  • 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.