The trademark KINEGUN was filed by CGL Empresas Spa, a corporation established under the laws of the Republic of Chile (the "Applicant"). The application was published for oppositions on September 6, 2021, and received one opposition filed on December 6, 2021 by eSBee Consultancy B.V. on Likelihood of confusion. the opponent was represented by ABCOR B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on February 8, 2024.
Goods And Services
The mark was filed in class 10 with following description of goods:
Physical exercise apparatus for medical purposes
Apparatus and/or appliances for physical training for medical use
Physical therapy equipment
Massage apparatus
Massage apparatus [for medical purposes]
Heartbeat measuring apparatus
Body rehabilitation apparatus for medical purposes
Thermotherapy apparatus, For medical purposes
Medical apparatus and instruments
Low frequency electric therapy apparatus
Kinesiology tapes
Short-wave therapy machines
Ultrasonic therapy machines and apparatus
Electronic blood pressure meters [for medical use]
Blood pressure monitors
Vibromassage apparatus
Hot air vibrators for medical purposes.
The mark was filed in class 35 with following description of goods:
Business management and administration
Presentation of goods on communication media, for retail purposes
Business administration services for the processing of sales made on the Internet
Import-export agency services
E-commerce services
Particularly
Providing information about products and services via telecommunication networks for advertising and sales purposes
Advertising
Retailing or wholesaling of pharmaceutical preparations
Veterinary and sanitary preparations
And medical supplies
Retail and wholesale services in relation to: Physical exercise apparatus, for medical purposes
Exercise apparatus, for medical use
Physiotherapy apparatus
Apparatus for massage
Massage apparatus [for medical purposes]
Heartbeat measuring apparatus
Body rehabilitation apparatus for medical purposes
Thermotherapy apparatus, eye patches for medical purposes
Medical apparatus and instruments
Low frequency electric therapy apparatus
Tapes, in relation to the following fields: Kinesiology
Short-wave therapy machines
Ultrasonic-therapy apparatus, machines, in relation to the following fields: Ultrasound therapy
Electronic blood pressure meters [for medical use]
Blood pressure monitoring devices
Vibrators
Hot air vibrators for medical purposes
Providing business information, also via internet, the cable network or other forms of data transfer, in relation the following goods: All of the aforesaid goods.