The trademark Fitniv was filed by Smartex LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on September 26, 2021, and received one opposition filed on December 27, 2021 by Google LLC on Likelihood of confusion. the opponent was represented by GRÜNECKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Covers for tablet computers
Smartglasses
Application software for mobile phones
Electric timers
Covers for smartphones
Connected bracelets [measuring instruments]
Transmitters of electronic signals
Wearable video display monitors
Scales
Chargers for electric batteries
Computer software platforms, recorded or downloadable
Surveying apparatus and instruments
Personal digital assistants [PDA]
Humanoid robots with artificial intelligence
Stands adapted for laptops
Electronic agendas
Pedometers
Electronic navigational and positioning apparatus and instruments
Wearable smart phones
Mini beam projectors
Electrical and electronic burglar alarms.
The mark was filed in class 10 with following description of goods:
Body-fat monitors
Infrared thermometers for medical purposes
Heart rate monitors
Massage apparatus
Sphygmomanometers
Blood glucose meter
Foot massage apparatus
Sanitary masks for medical purposes
Earpicks
Apparatus for physical training for medical use
Medical devices
Heart rate monitoring apparatus
Hearing aids
Orthopedic belts.
The mark was filed in class 14 with following description of goods:
Chronographs for use as watches
Wristwatches
Sports watches
Key rings [split rings with trinket or decorative fob]
Clocks and watches, electric
Watchbands
Watches
Chronometers
Watch straps made of metal or leather or plastic
Watches for outdoor use.
The mark was filed in class 25 with following description of goods:
T-shirts
Underwear
Jackets [clothing]
Camisoles
Clothing
Tights
Sports shirts
Hoodies
Swimming caps
Stockings
Gloves [clothing]
Belts [clothing]
Waist belts.
The mark was filed in class 28 with following description of goods:
Smart toys
Dumbbells
Waist trimmer exercise belts
Exercise treadmills
Body-building apparatus
Gymnastic apparatus
Yoga straps
Skipping ropes
Knee pads for athletic use
Fishing tackle.
The mark was filed in class 35 with following description of goods:
Sales promotion for others
Advertising, marketing and promotion services
Business management consultancy
Advertising and marketing
Outsourcing services in the nature of arranging procurement of goods for others
Import-export agency services
Provision of an on-line marketplace for buyers and sellers of goods and services
Personnel management consultancy
Commercial business management
Updating and maintenance of data in computer databases.
The mark was filed in class 41 with following description of goods:
Educational consultancy services
Organization of sports competitions
Planning of shows
Radio and television entertainment services
Organization of shows
Conducting fitness classes
Providing sports facilities
Training
Production of television programs
Personal trainer services [fitness training]
Publishing of electronic publications.
The mark was filed in class 42 with following description of goods:
Computer website design
Conversion of computer programs and data, other than physical conversion
Computer software design
Design and development of multimedia products
Industrial design
Dress designing
Graphic arts design
Research and development of new products for others