The trademark MIND TO MOVE was filed by MIND & MOVE, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 8, 2021, and received one opposition filed on October 6, 2021 by Limbic Life AG on Likelihood of confusion. the opponent was represented by BOMHARD IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 6, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003156175 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software applications, downloadable
Downloadable software applications for use with three dimensional printers
Downloadable computer software for use as an application programming interface (API)
Computer software platforms, recorded or downloadable
Application software
Collaboration software platforms [software]
Computer software packages
Software development kit [SDK]
Downloadable software applications
Downloadable applications for use with mobile devices
Mobile apps
Downloadable mobile applications for use with wearable computer devices
Educational mobile applications
Educational computer applications
Educational tablet applications
Computer software platforms for social networking
Digital telephone platforms and software
Interactive computer software enabling exchange of information
Computer programs for connecting remotely to computers or computer networks
Application software for social networking services via internet
Computer chatbot software for simulating conversations
Computer software to enable browsing on global computer networks
Communication software for connecting computer network users
Communication software for connecting global computer networks
Computer communication software to allow customers to access bank account information and transact bank business
Unified communications software
Virtual reality software for telecommunications
Computer software for wireless network communications
Computer software for administration of local area networks
Computer software for the dissemination of positioning data
Communication, networking and social networking software
Computer programmes relating to local area networks
Computer programs for network management
Computer programs for using the internet and the worldwide web
Computer programs for accessing and using the internet
Network operating system programs
Downloadable mobile applications for the transmission of information
Downloadable mobile applications for the transmission of data
Electronic mail and messaging software
Downloadable computer software for the transmission of information
Downloadable computer software for the transmission of data
LAN [local area network] operating software
VPN [virtual private network] operating software
WAN [wide area network] operating software
Computer software for electronic bulletin boards
Data communications software
Computer software for communicating purposes between microcomputers
Community software
Conference software
Networking software
Computer software to enable the transmission of photographs to mobile telephones
Computer software to enable teleconferencing, videoconferencing and videophone services
Extranet software
Internet access software
Communications processing computer software
Software for the redirection of messages
Software for online messaging
Software for conducting general meetings
Computer software for communicating with users of hand-held computers
Computer software for communication between computers over a local network
File sharing software
Computer software for wireless content delivery
Email software
Computer software for use in programming facsimile machines
Instant messaging software
Downloadable instant messaging software
Downloadable email software
Mesh network software
Communications server software
Mail server software
Social software
Video conference software
Computer software for the remote control of telephone sets and radiotelephony sets
Telecommunications software
Communication software.
The mark was filed in class 10 with following description of goods:
Abdominal belts
Abdominal corsets
Abdominal corsets
Acupressure bands
Anti-nausea wristbands
Body composition monitors
Body fat monitors
Corsets for medical purposes
Diagnostic apparatus for medical purposes
Microdermabrasion apparatus
Probes connected to microprocessing apparatus for medical diagnosis
Biomagnetic rings for therapeutic or medical purposes
Apparatus for medical rehabilitation
Apparatus for use in toning muscles for medical rehabilitation
Boots for medical purposes
Bracelets for medical purposes
Lamps for producing polarised light for medical use
Ultraviolet ray lamps for medical purposes
Ultraviolet ray lamps for medical purposes
Quartz lamps for medical purposes
Ultraviolet ray lamps for medical purposes
Infrared lamps for medical purposes
Medical operating lamps
Curing lamps for medical purposes
Curing lamps for medical purposes
Heat lamps for medical use
Sun lamps for medical purposes
Lamps for medical purposes
Dental apparatus and instruments
Dental apparatus and instruments
Surgical apparatus and instruments for dental use
Esthetic massage apparatus
Implantable subcutaneous drug delivery devices
Abdominal belts
Hypogastric belts
Umbilical belts
Umbilical belts
Orthopaedic belts
Lumbar belts
Orthodontic appliances
Physical exercise apparatus for medical purposes
Physical therapy equipment
Physiotherapy and rehabilitation equipment
Electronic stimulation apparatus for physiotherapy
Pulse meters
Cardiac pulse generators
Surgical apparatus and instruments
Surgical robots
Therapeutic facial masks
Vaporizers for medical purposes
Vibromassage apparatus.
The mark was filed in class 25 with following description of goods:
Sportswear
Footwear
Clothing.
The mark was filed in class 41 with following description of goods:
Academies [education]
Coaching [training]
Health club services [health and fitness training]
Arranging and conducting of congresses
Conducting fitness classes
Gymnastic instruction
Arranging and conducting of in-person educational forums
Organisation of conferences, exhibitions and competitions
Know-how transfer [training]
Online publication of electronic books and journals
Providing online electronic publications, not downloadable
Providing online music, not downloadable
Providing online videos, not downloadable
Personal trainer services [fitness training]
Physical education
Providing information about cultural activities
Provision of news relating to sport
Entertainment, education and instruction services
Sports and fitness services
Practical training [demonstration]
Publication of books
Publication of texts, other than publicity texts
Arranging and conducting of seminars
Organization of sports competitions
Providing sports facilities
Arranging and conducting of symposiums
Education and instruction services
Rental of sports equipment and facilities
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Educational materials or apparatus (Rental of -)
Rental of teaching instruments
Training services provided via simulators
Tutoring
Arranging and conducting of workshops [training]
Arranging and conducting of conferences
Physical fitness assessment services for training purposes.
The mark was filed in class 42 with following description of goods:
Calibration [measuring]
Clinical trials
Computer software consultancy
Computer software design
Development of computer platforms
Medical research
Platform as a service [PaaS]
Research and development of new products for others
Research in the field of telecommunications technology
Scientific research
Software as a service [SaaS] featuring software for deep learning
Software as a service [SaaS] featuring software for machine learning
Consulting services in the field of software as a service [SaaS]
Software as a service [SaaS] featuring software for deep neural networks
Platforms for artificial intelligence as software as a service [SaaS]
Platforms for gaming as software as a service [SaaS]
Platforms for graphic design as software as a service [SaaS]
Software as a service [SaaS] services featuring software for machine learning, deep learning and deep neural networks
Technical research
Installation of computer software
Maintenance of computer software
Rental of computer software
Software development in the framework of software publishing
Updating of computer software
Consultancy in the design and development of computer hardware
Cosmetics research for others
Scientific research relating to cosmetics
Laboratory research in the field of cosmetics.
The mark was filed in class 43 with following description of goods:
Services for the preparation of food and drink
Serving food and drink for guests
Restaurant services
Corporate hospitality (provision of food and drink)
Providing food and drink in Internet cafes
Serving food and drink in Internet cafes
Take-away food and drink services
Providing food and drink for guests
Serving food and drink for guests in restaurants
Serving food and drink in restaurants and bars
Providing food and drink in restaurants and bars
Serving food and drink in doughnut shops
Charitable services, namely providing food and drink catering
Providing food and drink for guests in restaurants
Preparation and provision of food and drink for immediate consumption.
The mark was filed in class 44 with following description of goods:
Animal-assisted therapy
Aromatherapy services
Chiropractic
Convalescent home services
Dentistry
Rental of surgical robots
Beauty salon services
Medical services
Health centre services
Health counselling
Health spa services
Turkish bath services
Public bath services for hygiene purposes
Home health care services
Psychological care
Geriatric nursing
Home nursing aid services
Horticulture
Hospice services
Massage
Medical advice for individuals with disabilities
Medical analysis services for diagnostic and treatment purposes provided by medical laboratories
Medical services
Medical clinic services
Medical equipment rental
Medical screening
Midwife services
Nursing home services
Nursing, medical
Opticians' services
Orthodontic services
Palliative care
Pharmacy advice
Tattooing
Plastic surgery
Services of a psychologist
Rehabilitation for substance abuse patients
Rest home services
Sanatorium services
Rental of sanitary installations
Sauna services
Speech therapy
Telemedicine services
Occupational therapy services
Music therapy services
Chelation therapy services
Turkish bath services
Physiotherapy
Alternative medicine services
Advisory services relating to diet
Diet planning and supervision
Dietetic advisory services
Nutrition counseling
Nutritional advice
Providing information about dietary supplements and nutrition
Medical testing services, namely, fitness evaluation.