The trademark application fitwatch was filed by SAAT VE SAAT SANAYI VE TICARET A.S., a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on July 3, 2023, and it was registered by office on October 10, 2023 without any oppositions.
The application was filed in English (Italian was selected as the second language).
The Appeal with reference B R1724/2022-5 was Application partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 16, 2022 by the EUIPO. The Refusal with reference B 018497450 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on July 10, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Thermometers, not for medical purposes, barometers, ammeters, voltmeters, hygrometers, testing apparatus not for medical purposes, telescopes, periscopes, directional compasses, laboratory apparatus, microscopes, magnifying glasses, stills for laboratory experiments, binoculars, ovens and furnaces for laboratory experiments
Apparatus for recording, transmission or reproduction of sound or images, cameras, photographic cameras, television apparatus, video recorders, CD and DVD players and recorders, MP3 players, computers, desktop computers, tablet computers
Microphones, loudspeakers, earphones, apparatus for the reproduction of sound or images, covers for cell phones, telephone apparatus, computer printers, scanners [data processing equipment], photocopiers
Magnetic and optic data carriers and computer software and programmes recorded thereto, downloadable and recordable electronic publications, encoded magnetic and optic cards
Movies, tv series and video music clips recorded on magnetic, optical and electronic media
Antennas, satellite antennas, amplifiers for antennas, parts of the aforementioned goods
Electronic components used in the electronic parts of machines and apparatus, semi-conductors, electronic circuits, integrated circuits, chips [integrated circuits], diodes, transistors [electronic], magnetic heads for electronic apparatus, electronic locks, photocells, remote control apparatus for opening and closing doors, optical sensors
Counters and quantity indicators for measuring the quantity of consumption, automatic time switches
Clothing for protection against accidents, irradiation and fire, safety vests and life-saving apparatus and equipment
Eyeglasses, sunglasses, optical lenses and cases, contact lens containers, parts and components thereof
Apparatus and instruments for conducting, transforming, accumulating or controlling electricity, electric plugs, junction boxes [electricity], electric switches, circuit breakers, fuses, lighting ballasts, battery starter cables, electrical circuit boards, electric resistances, electric sockets, transformers [electricity], electrical adapters, battery chargers, electric door bells, electric and electronic cables, batteries, electric accumulators, solar panels for production of electricity
Alarms and anti-theft alarms, other than for vehicles, electric bells
Signalling apparatus and instruments, luminous or mechanical signs for traffic use
Fire extinguishing apparatus, fire engines, fire hose and fire hose nozzles
Radar apparatus, sonars, night vision apparatus and instruments
Decorative magnets
Metronomes.
The mark was filed in class 14 with following description of goods:
Jewellery
Imitation jewellery
Gold
Precious stones and jewellery made thereof
Cufflinks
Tie pins
Statuettes and figurines of precious metal
Trophies made of precious metal
Rosaries.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and public relations
Organization of exhibitions and trade fairs for commercial or advertising purposes
Design for advertising
Provision of an online marketplace for buyers and sellers of goods and services
Office functions
Secretarial services
Arranging newspaper subscriptions for others
Compilation of statistics
Rental of office machines
Systemization of information into computer databases
Telephone answering for unavailable subscribers
Business management, business administration and business consultancy
The bringing together for the benefit of others of a variety of goods, in relation to: thermometers not for medical purposes, barometers, ammeters, voltmeters, hygrometers, testing apparatus not for medical purposes, telescopes, periscopes, directional compasses, laboratory apparatus, microscopes, magnifying glasses, stills for laboratory experiments, binoculars, ovens and furnaces for laboratory experiments, apparatus for recording, transmission or reproduction of sound or images, cameras, photographic cameras, television apparatus, video recorders, cd and dvd players and recorders, mp3 players, computers, desktop computers, tablet computers, microphones, loudspeakers, earphones, apparatus for the reproduction of sound or images, covers for cell phones, telephone apparatus, computer printers, scanners [data processing equipment], photocopiers, magnetic and optic data carriers and computer software and programmes recorded thereto, downloadable and recordable electronic publications, encoded magnetic and optic cards, movies, tv series and video music clips recorded on magnetic, optical and electronic media, antennas, satellite antennas, amplifiers for antennas, parts of the aforementioned goods, ticket dispensers, automatic teller machines (atm), electronic components used in the electronic parts of machines and apparatus, semiconductors, electronic circuits, integrated circuits, chips [integrated circuits], diodes, transistors [electronic], magnetic heads for electronic apparatus, electronic locks, photocells, remote control apparatus for opening and closing doors, optical sensors, counters and quantity indicators for measuring the quantity of consumption, automatic time switches, clothing for protection against accidents, irradiation and fire, safety vests and life-saving apparatus and equipment, eyeglasses, sunglasses, optical lenses and cases, contact lens containers, parts and components thereof, apparatus and instruments for conducting, transforming, accumulating or controlling electricity, electric plugs, junction boxes [electricity], electric switches, circuit breakers, fuses, lighting ballasts, battery starter cables, electrical circuit boards, electric resistances, electric sockets, transformers [electricity], electrical adapters, battery chargers, electric door bells, electric and electronic cables, batteries, electric accumulators, solar panels for production of electricity, alarms and anti-theft alarms, other than for vehicles, electric bells, signalling apparatus and instruments, luminous or mechanical signs for traffic use, fire extinguishing apparatus, fire engines, fire hose and fire hose nozzles, radar apparatus, sonars, night vision apparatus and instruments, decorative magnets, metronomes, jewellery, imitation jewellery, gold, precious stones and jewellery made thereof, cufflinks, tie pins, statuettes and figurines of precious metal, clocks, watches and chronometrical instruments, chronometers and their parts, watch straps trophies made of precious metal, rosaries, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues.