The trademark was filed by Latupo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 27, 2021, and received one opposition filed on December 28, 2021 by GROUPE CANAL+ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI (Société IPSIDE) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 28, 2021
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 9 with following description of goods:
Ergometers
Connected bracelets [measuring instruments]
Wearable activity trackers
Personal electronic devices used to track fitness goals and statistics
Measuring, detecting, monitoring and controlling devices
Measuring apparatus
Checking (supervision) apparatus
Multifunctional electronic devices for displaying, measuring, and uploading to the Internet information including time, date, body and heart rates, global positioning, direction, distance, altitude, speed, steps taken, calories burned, navigational information, weather information, the temperature, wind speed, and the declination of body and heart rates, altitude and speed
Smartwatches
Pedometers
Altimeters
Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through internet websites and other computer and electronic communication networks
Wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files and display screens
Cables, namely charging cables
Computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments
Mobile apps, in relation to the following fields, health, wellness, Fitness and training with personal training, coaching, Workouts and fitness assessments
Mobile application software for creating personalized fitness training
Programs
Computer application software for smartphones and mobile devices to support corporate wellness programs
Computer hardware
Computer software, in relation to the following fields, health, wellness, Fitness and training with personal training, coaching, Workouts and fitness assessments
Computer application software for mobile devices, in relation to the following fields, health, wellness, Fitness and training with personal training, coaching, Workouts and fitness assessments.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Apparatus for achieving physical fitness [for medical use]
Medical apparatus for physiotherapy and physical exercise
Physiotherapy and rehabilitation equipment
Weights for physical exercise [adapted for medical use]
Exercisers [expanders] for medical therapy
Massage rollers and balls
Medical instruments and apparatus for the storage, forwarding, tracking, measurement and display of biometric data, body movements, sleep, heart rate, and calories burned
Medical instruments and apparatus for estimating maximal oxygen consumption
Medical devices
Medical devices for measuring body weight and estimating body fat percentage
None of the aforesaid being apparatus, instruments or devices for use in medical first aid, including emergency first aid.
The mark was filed in class 12 with following description of goods:
Push scooters [vehicles]
Scooters [vehicles]
Scooters [vehicles].
The mark was filed in class 14 with Sports watches.
The mark was filed in class 20 with following description of goods:
Frames for weight plates
Kettlebell holders
Massage tables
Dumbbell racks.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Ski boots
Sportswear.
The mark was filed in class 27 with following description of goods:
Mats
Gymnastic mats
Yoga mats
Gymnastic, exercise and training mats.
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic, fitness and sporting articles not included in other classes
Decorations for Christmas trees
Fitness, gymnastic, sports and exercise apparatus
Indoor fitness apparatus
Manually operated exercise equipment
Exercise bikes
Stationary exercise bike, Sports bicycles, being fitness equipment
Rowing machines, Treadmills
Weight machines
Treadmills
Stepping machines
Stomach exercisers
Back trainers
Exercise benches
Accessories for training benches
Back muscle training apparatus
Pressure benches
Vibration trainers
Jump boxes for plyometric training and body jump training
Gym balls
Step machines
Aerobic steps
Dumb-bells
Machines for physical exercises
Balance training apparatus
Dumb-bells [for weight lifting]
Dumbbell shafts for weight lifting
Oscillating rods for whole body training
Dumb-bells
Weightlifting bars
Weight plates
Kettle bells
Other weights for weightlifting
Body-building apparatus
Chest expanders [exercisers]
Ladder, climbing and gymnastic walls
Skipping ropes
Training ropes
Sling trainers
Tapes for sports gymnastics
Exercise bands
Skateboards
Roller skates
In line skates
Snowboards
Ice skates
Sleds
Bodyboards
Trampolines
Nets and accessories for trampolines
Nets for ball games
Basketball baskets
Basketball nets
Swimming kickboards
Water wings
Flippers for swimming
Swimming jackets
Swimming belts
Surfboards
Boxing gloves
Punching bags
Slides [playground equipment]
Playground apparatus
Swings
Climbing units [playground equipment]
Swings
Scooters [toys].
The mark was filed in class 35 with following description of goods:
Retailing, including via the internet, in relation the following goods: ergometers, Connected bracelets (measuring instruments), Wearable physical activity trackers, Personal electronic devices for tracking fitness goals and statistics, Measuring, detecting, monitoring and testing apparatus, Measuring apparatus, Checking apparatus
Retailing, including via the internet, Relating to multifunctional electronic devices for displaying, measuring, and uploading to the internet information including time, date, body and heart rates, global positioning, direction, distance, altitude, speed, steps taken, calories burned, navigational information, weather information, the temperature, wind speed, and the declination of body and heart rates, altitude and speed
Retailing, including via the internet, in relation the following goods: Smartwatches, Pedometers, Altimeters, Personal electronic devices for tracking fitness goals and statistics, Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files
Retailing, including via the internet, in relation the following goods: portable electronic devices, anmely Watches, bracelets, and wristbands featuring software that communicates data to personal digital assistants, smartphones, and personal computers via internet websites and other computer and electronic communication networks
Retailing, including via the internet, in relation the following goods: Wearable digital electronic devices comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files and display screens, cable, Namely charging cables
Retailing, including via the internet, in relation the following goods: Computer application software for smartphones and mobile devices in the fields of fitness and exercise featuring personal training services, coaching, workouts and fitness assessments, Mobile apps, Mobile application software for creating personalised fitness training programs
Retailing, including via the internet, in relation the following goods: Computer application software for smartphones and mobile devices for supporting corporate wellness programmes, Computer hardware and computer software, Computer application software for mobile devices
Retailing, including via the internet, in relation the following goods: Electrically operated massage apparatus, Manual massage apparatus, Instruments for massage, Massage apparatus, gloves for massage, massage chairs, Thermal massage pads, Vibratory apparatus for massage, Therapeutic apparatus incorporating massaging facilities, Devices for achieving physical fitness (for medical use), Physiotherapy apparatus, Physical exercise for medical and health purposes
Retailing, including via the internet, in relation the following goods: Physiotherapy and rehabilitation equipment, Weights for physical exercise (adapted for medical use), Exercisers (expanders) for medical therapy, Massage rollers and balls, General health-related instruments and apparatus for storing, relaying, tracking, measuring and displaying biometric data, body movement, sleep, heart rate, and calories burned
Retailing, including via the internet, in relation the following goods: Instruments and apparatus for general health for estimating maximum oxygen consumption, Medical apparatus, Medical apparatus for measuring body weight and estimating body fat percentage
Retailing, including via the internet, in relation the following goods: Scooters, Scooters, Scooters
Retailing, including via the internet, in relation the following goods: Sporting watches
Retailing, including via the internet, in relation the following goods: Dumbbell racks, Frames for weight plates, Kettlebell holders, Massage tables
Retailing, including via the internet, in relation the following goods: Ready-made clothing, footwear, headgear, Ski boots, Sportswear
Retailing, including via the internet, in relation the following goods: Mats, Gymnasium mats, Yoga mats, Gymnastic, exercise and training mats
Retailing, including via the internet, in relation the following goods: games, Playthings, Gymnastic articles, Fitness articles, Sporting articles, Decorations for Christmas trees, Fitness apparatus, Gymnastic apparatus, Sports equipment, exercise equipment, indoor fitness apparatus, manually operated exercise equipment, Stationary bikes, bicycles (stationary exercise - ), Sports bicycles, being fitness apparatus, Ergometers, Running type exercises, Prime movers, Treadmills, Steppers, Abdominal exercise apparatus, Back trainers, Exercise benches
Retailing, including via the internet, in relation the following goods: Accessories for training benches, Back muscle training apparatus, Pressure benches, Vibration trainers, Jump boxes for plyometric training and body jump training, gym balls, Step machines, erobic steps, dumbells, Machines for physical exercise, Balance training apparatus, dumb-bells [for weight lifting], Barbells for weight-lifting, Oscillating rods for whole body training, Barbells, Weightlifting bars (barbells), Weight plates
Retailing, including via the internet, in relation the following goods: Dumbbells, Other weights for weightlifting, body training apparatus, Exercisers (expanders), Ladder, climbing and gymnastic walls, Skipping ropes, Battling ropes, Sling trainers, Tapes for sports gymnastics, Exercise bands, Skateboards, Roller skates, Inline skates, snowboard, skates, sleighs, Bodyboards, Trampolines, Nets and accessories for trampolines, ball nets, basketball goals, basketball nets
Retailing, including via the internet, in relation the following goods: Swimming kick boards, Water-wings, flippers for swimming, swimming jackets, swimming belts, Sailboards, Gloves (boxing), Punching bags, Slides [playground equipment], Playground apparatus, Swings, Jungle gyms [play equipment], Swings, Scooters [toys]
None of the aforesaid retail services being for goods for use in medical first aid, including emergency first aid.
The mark was filed in class 41 with following description of goods:
Sports
Sporting and cultural activities
Sports and fitness services
Providing a website featuring information regarding fitness training
Arranging and conducting of workshops [training]
Arranging and conducting of events, seminars and workshops in the field of sports, fitness, training, physiotherapy, health and nutrition
Recreation information, In relation to the following fields, health, wellness, fitness and training with personal training, Coaching, Sports training, Fitness assessments
Providing online electronic publications, not downloadable, In relation to the following fields, health, wellness, fitness and training with personal training, Coaching, Sports training and Fitness assessments
None of aforesaid services in the field of medical first aid, including emergency first aid.