The trademark INJOY XPRESS FITNESSCLUBS was filed by INJOY Quality GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 14, 2022, and received one opposition filed on December 7, 2022 by JEAN PATOU on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by T MARK CONSEILS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 2022
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 5 with Dietary supplements and dietetic preparations.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment
Physical exercise apparatus for medical purposes
Computer controlled training apparatus for therapeutic use
Rowing machines for physical exercise [for medical use]
Step-up machines for use in physiotherapy.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Clothing for gymnastics
Training shoes.
The mark was filed in class 28 with following description of goods:
Games
Gymnastic and sporting articles
Machines for physical exercises.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Business management and organization consultancy
Business consultancy and advisory services
Management advisory services related to franchising.
The mark was filed in class 39 with following description of goods:
Arranging of transportation for travel tours
Travel arrangement
Operating of tours.
The mark was filed in class 41 with following description of goods:
Training
Entertainment services
Sporting activities
Cultural activities
Health club services [health and fitness training]
Physical fitness consultation
Provision of keep fit facilities
Health and fitness training
Provision of information relating to physical training via an online web site
Providing leisure and recreation facilities
Provision of training courses
Provision of training courses
Provision of training courses
Provision of training courses
Sports training
Provision of educational services relating to exercise
Health club services [health and fitness training]
Providing sports training facilities
Provision of information relating to training
Physical training services
Tuition in physical fitness
Sport camp services
Sports and fitness services
Health and wellness training.
The mark was filed in class 44 with following description of goods:
Human hygiene and beauty care
Health spa services for health and wellness of the body and spirit
Therapy services
Human hygiene and beauty care
Sauna services
None of the aforesaid services in connection with the use of perfume.