The trademark fitonit was filed by Eva Maria Wilhelm, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 7, 2022, and received one opposition filed on November 6, 2022 by DESIGN & DEVELOP SRL on Likelihood of confusion. the opponent was represented by Favaro, Giorgia and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2022
The application was filed in German, and German 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 November 10, 2022. Change of name and address of the trademark registration was recorded on January 8, 2023. Relative errors of the trademark registration was recorded on March 15, 2023.
Goods And Services
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Physiotherapy and rehabilitation equipment
Physical exercise apparatus for medical purposes
Physical exercise articles for physical training [for medical purposes]
Step-up machines for use in physiotherapy
Exercise machines for therapeutic purposes
Exercisers [expanders] for medical therapy
Exercising apparatus for medical rehabilitative purposes
Contoured cushions for patients' use on chairs [adapted for medical purposes]
Padded cushions for medical purposes, the aforementioned goods not for orthopaedic footwear, not for insole-shells [orthopaedic], not for orthopaedic soles, not for medical ankle braces, not for support bandages, not for pads for shoes [orthopaedic], not for orthotic inserts for footwear, not for foot orthoses, not for exercise boots [orthopaedic footwear], not for exercise boots for medical rehabilitative purposes, and not for orthopaedic supports for feet
Pressure relief pads and cushions, not for orthopaedic footwear, insole-shells [orthopaedic], orthopaedic soles, medical ankle braces, support bandages, pads for shoes [orthopaedic], orthotic inserts for footwear, foot orthoses exercise boots [orthopaedic footwear], exercise boots for medical rehabilitative purposes, or orthopaedic supports for feet
Braces for medical purposes.
The mark was filed in class 20 with following description of goods:
Furniture and furnishings
Storage racks for physical fitness equipment
Footrests
Lawn furniture
Occasional tables
Combination kneeler and seat for gardening
Kneeling frames
Furniture moldings
Furniture units
Panels being parts of furniture
Room dividers
Pedestal cabinets
Chair pads
Pouffes [furniture]
Seating furniture
Seats for children
Seat pads being parts of furniture
Stackable furniture
Tables [furniture].
The mark was filed in class 25 with following description of goods:
Sportswear
Sports pants
Sports jackets
Casual shirts
Sports jerseys
Sports caps and hats.
The mark was filed in class 28 with following description of goods:
Sporting and physical exercise equipment
Toys, games, and playthings
Juggling equipment
Juggling clubs
Balls for juggling
Children's multiple activity toy
Cube puzzles
Jigsaw puzzles
Rocking horses
Toys
Toy exercise apparatus
Collectable toy figures
Toy figures capable of transforming into various shapes
Sports games
Beach balls
Swings
Indoor fitness apparatus
Exercise bands
Machines for physical exercises
Apparatus for achieving physical fitness [for non-medical use]
Push-up handles
Barbell bars
Push up stands
Manually operated exercise equipment
Manual leg exercisers
Paddleboards
Protective supports for shoulders and elbows [sports articles]
Snow sleds for recreational use
Ropes for rhythmic gymnastics
Sports equipment
Sports training apparatus
Surfboards
Yoga blocks
Yoga swings
Targets for sporting use
Archery targets
Gym balls for yoga
Yoga straps
Sporting articles.
The mark was filed in class 41 with following description of goods:
Sports training
Organising of esports activities
Production of esports events.
The mark was filed in class 44 with Sports medicine services.