The trademark application MASTERS was filed by MyCrew Inc, a U.S. corporation (the "Applicant"). Application withdrawn.
The application was filed in English (Italian was selected as the second language).
The Refusal with reference B 018539413 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on June 9, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer application software for smartphones, mobile devices, smart TV, tablets, namely, software downloadable from the internet
Applications for smartphones, mobile phones, smart TV and tablets
Application software for digital media streaming devices
Computer software namely, software development and integration tools for creating software and mobile applications.
The mark was filed in class 25 with following description of goods:
Apparel, namely shirts, t-shirts, footwear, trainers, pullovers, and jackets
Sweatbands for the head
Headbands.
The mark was filed in class 27 with following description of goods:
Mats
Exercise and training mats
Yoga mats
Personal exercise mats.
The mark was filed in class 28 with Exercise equipment, such as, beach balls, exercise weights, manual upper and lower body resistance devices, exercise balls, manual exercisers for developing abdominal muscles.
The mark was filed in class 41 with following description of goods:
Education, training, advisory and information services (including online) relating to health, lifestyle, fitness
Online training sessions
Interactive fitness and wellbeing training programs
Virtual social experiences relating to wellness and healthy lifestyle videos
Conducting fitness classes
Fitness coaching
Physical fitness instruction
Fitness
Exercise [fitness] training services
Fitness services
Nutrition, lifestyle or wellbeing coaching
Physical fitness instructional services relating inter alia to yoga, pilates, dance, gymnastics, weight training, body building, body movement, aerobics, physical exercises, physical fitness, physical flexibility, health, diet and nutrition, all of the afore mentioned services in the health and wellness field
None of the aforementioned services relating to the provision of formal education, academic qualification, professional qualification, courses for credit, grading, or assessment, being at masters level
None of the aforementioned services relating to sport competitions or services related to skill-based coaching of competitive sports.
The mark was filed in class 42 with following description of goods:
Providing an online computer and mobile system comprised of non-downloadable computer and mobile software for use in receiving and analysing fitness-related physical activity data from respective users, as uploaded from smartphone, smart TV, and tablet computer applications used by the users, and for providing personalised recommendations related to health, fitness and lifestyle to such users, based on their uploaded physical activity data
Research and development of new products relating to the health and wellness field
Computer and mobile software design
Updating of computer and mobile software
Maintenance of computer and mobile software
Installation of computer software
Design and development of mobile software, all of the afore mentioned services in the health and wellness field.