The trademark FEETON was filed by VTON B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 16, 2023, and received one opposition filed on July 16, 2023 by On Clouds GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SKW SCHWARZ RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 16, 2023
It was designated 'Basic Application' for International Application 1771038 at the World Intellectual Property Organization (WIPO).
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, weighing, measuring, signalling, detecting, testing, inspection, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Media content
Coin-operated mechanisms
Cash registers, calculating machines, data processing equipment, computers
Electronic instructional and teaching apparatus and instruments
Education software
Software
Software, application software
Mobile apps
Electronic publications
Electronic data files
Software for searching, downloading and viewing music, films, games, sports, radio, television, audio-visual, music, entertainment and theatre programmes and content, among others, in the following fields: Sports, culture and Relaxation
Computer software platforms
Training software
Software aimed at improving sports performance
Software for collecting, storing and displaying performance data for a variety of various sports activities
Software for tracking, monitoring and planning sports training activities
Software for condition and technique training in sports
Software with test components, visual improvement points, comparison with other players and film, the aforesaid being aimed at improving sports performance
Recorded content and Downloadable content
Software for tracking and determining the level of a physical activity
Software for developing and monitoring personal activity and training plans and training goals and for providing feedback on results achieved.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Control in the following fields: Business contracts, commercial contracts and Commercial contracts and cooperation partners
Business management of sports people
Merchandising
Arranging and conducting of promotional events
Promotion of sports competitions and events
Business consultancy services relating to the promotion of fund raising campaigns
Business consultancy services relating to management of fund raising campaigns
Business consultancy services relating to the marketing of fund raising campaigns
Promotion services relating to esports events
Promotion of goods and services through sponsorship of sports events
Arranging of advertising services
Marketing
Commercial interim management
Business project management
Consultancy regarding business organisation and business economics
Human resources management
Personnel services
Personnel affairs and Careers' guidance
Job matching services
Out-placements
Book-keeping
Payroll preparation
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Teaching
Providing of training facilities
Arranging competitions and games (events)
Preparing, directing, producing, presenting and rental of radio and television programmes, and of audio and video recordings
Compilation and providing of training, courses and workshops
Publishing, lending and dissemination of newsletters, books, newspapers, magazines, brochures, leaflets, printed matter and other texts and publications
Electronic publishing services
Electronic publishing services
Digital video, audio and multimedia entertainment publishing services
Production of films on aspects of association football
Arranging and conducting of soccer training programs
Arranging of clinics (courses)
Organisation of sports events in the field of football
Sporting services
Sports training
Tuition in sports
Soccer instruction
Personal technique and fitness training, in relation to the followings fields: sports
Teaching of sports
Coaching services and Courses, in relation to the followings fields: sports, Including football
Arranging and conducting of classes, in relation to the followings fields: sports performance
Coaching services, Courses and Coaching, in relation to the followings fields: Sports performance enhancement
Sports coaching
Instruction in sporting activities
Providing sports facilities
Educational and instruction services relating to sport
Personal development training
Capturing [recording] of training sessions and the statistical analysis thereof
Video training/coaching provided by amateur clubs/associations to professional football organisations and players
Provision of information relating to sports persons
Entertainment services relating to sport
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.