The trademark WM was filed by Hamidou Msaidie, a national of the French Republic (the "Applicant"). The application was published for oppositions on April 10, 2022, and received one opposition filed on June 11, 2022 by THE RED KIWI, SL on Likelihood of confusion. the opponent was represented by Espinosa Cuartero, Adelaida and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 11, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Medical examination sheets
Apparatus for medical rehabilitation
Physical therapy equipment, Physiotherapy apparatus and Devices for rehabilitation, both for medical purposes
Massage chairs
Massage apparatus
Manual massage instruments
Massage apparatus [for medical purposes]
Massage beds for medical purposes
Body rehabilitation apparatus for medical purposes
Equipment for treating injuries.
The mark was filed in class 20 with following description of goods:
Massage divans
Massage tables
Ergonomic chairs for seated massage.
The mark was filed in class 35 with following description of goods:
Trade show and commercial exhibition services
Advertising, marketing and promotional consultancy, advisory and assistance services
Public relations services
Business assistance relating to business image
Advertising, marketing and promotional services
Compilation of statistics [for business or commercial purposes]
Compilation of statistical data for use in scientific research
Compilation of statistical data relating to medical research
Organisation of exhibitions and trade fairs for business and promotional purposes
Retail and wholesale services in relation to the following fields: Massages, Provision of physical education, Rehabilitation, namely Ointments, Creams, oils, printed publications and Fonts, Examination rolls, floor mats, cushions, Chairs, room screens, Massage tables and Massage equipment, Rehabilitation equipment and gym equipment, As well as medical equipment in particular in the field of physiotherapy
Commercial intermediation services
All the aforesaid services to the exclusion of any activities in the field of building construction and construction equipment.
The mark was filed in class 41 with following description of goods:
Coaching [training]
Training
Sporting and cultural activities
Organisation of conferences, exhibitions and competitions
Rental of sports or exercise equipment
Rental of equipment for use at athletic events
Sports club services
Entertainment, sporting and cultural activities
Personal trainer services, Namely fitness training, Training for building back muscle and Remedial exercises
Education, entertainment and sports
Education, entertainment and sport services
Providing health club and gymnasium services
Provision of gymnasium facilities
Dance studios
Music recording studio services
All the aforesaid services to the exclusion of any activities in the field of building construction and construction equipment.
The mark was filed in class 43 with following description of goods:
Restaurant services
Temporary accommodation
Bar services
Food and drink catering
Hotel services
Providing temporary accommodation.
The mark was filed in class 44 with following description of goods:
Medical equipment rental
Counseling relating to occupational therapy
Osteopathy
Providing physical rehabilitation facilities
Physiotherapy, Rehabilitation and kinesitherapy services
Sports massage
Physical rehabilitation
Exercise facilities for health rehabilitation purposes (Provision of -)
Medical evaluation services for patients receiving rehabilitation for purposes of guiding treatment and assessing effectiveness