The trademark AlpinPoint was filed by Marco Waldnig, a national of the Republic of Austria (the "Applicant") and Jakob Mayenschein, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 11, 2022, and received one opposition filed on January 11, 2023 by Woolworth GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ahlborn-Bauer, Silke and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 11, 2023
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 October 25, 2023. Change of name and professional address of the trademark registration was recorded on October 2, 2024.
The Opposition with reference B 003187985 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on August 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Shorts
Trunks
Polo knit tops
Embroidered clothing
Jogging sets [clothing]
Shoes
Leisure shoes
Caps being headwear
Socks
Climbing footwear
Walking shoes
Sportswear
Sports shoes
Sports clothing [other than golf gloves]
Athletic uniforms
Sweaters
Jackets [clothing]
Printed t-shirts
Tee-shirts
Sports pants
Sweatpants
Training shoes
Sports jackets
Sports socks
Swimming trunks
Sweat shorts
Track jackets
Hooded pullovers
Jackets being sports clothing
Fleeces
Bikinis
Ladies' clothing
Menswear
Underwear
Underwear and nightwear
Men's underwear
Functional underwear
Casualwear
Casual jackets
Clothing for gymnastics
Clothing for horse-riding [other than riding hats]
Nightwear
Footwear not for sports.
The mark was filed in class 41 with following description of goods:
Sports training
Sporting activities
Coaching services for sporting activities
Exercise [fitness] training services
Personal development training
Personnel training
Conducting workshops and seminars in self awareness
Arranging and conducting of seminars and workshops
Conducting courses, seminars and workshops
Workshops for recreational purposes
Aerial fitness instruction
Sport camp services
Sports and fitness services
Sporting services
Provision of recreational events
Arranging and conducting of workshops [training]
Arranging of workshops and seminars
Conducting workshops [training]
Arranging and conducting of seminars
Tuition in physical fitness
Instruction in group exercise
Provision of training courses
Providing of education
Self-awareness courses [instruction]
Provision of training courses in personal development
Health club services [health and fitness training]
Provision of health club [physical exercise] facilities
Educational services relating to physical fitness
Recreational services relating to hiking.
The mark was filed in class 44 with following description of goods:
Electro therapy services for physiotherapy
Physiotherapy
Psychological counseling
Psychological care
Psychological counseling services in the field of sports