The trademark FLEXX App was filed by FLEXX FITNESS GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 28, 2023, and received one opposition filed on September 28, 2023 by Flexxter GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HORAK. RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003204152 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on September 30, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded media and downloadable media
Computer software
Blank digital or analogue recording and storage media
Downloadable and recorded content
Software
Application software
Mobile apps
Measuring devices
Connected bracelets [measuring instruments]
Media content
Prerecorded fitness DVDs
Food analysis apparatus
Wearable action tracker
Scales with body mass analysers
Time measuring instruments (not including clocks and watches)
Chronographs [time recording apparatus]
Audio/visual and photographic devices
Display devices, television receivers and film and video devices
Electronic book readers
System and system support software, and firmware
Operating systems
Computer operating programs, recorded
Interactive touchscreen terminals
Games software
Electronic sports training simulators [computer hardware and software-based teaching apparatus]
Electronic sports training simulators
Sports training simulators
Communications equipment
Point-to-point communications equipment
Protective films adapted for smartphones
Audio devices and radio receivers
Audio interfaces
Audiovisual teaching apparatus
Films, exposed
Optical devices, enhancers and correctors
Optical enhancers
Observation instruments
Speed measuring instruments
Accelerometers
Downloadable image files
Biochips
Data loggers and recorders
Black boxes [data recorders]
Glasses, sunglasses and contact lenses
Corrective eyewear
Spectacles [optics]
Spectacle cases
Computers and computer hardware
Computer components and parts
Compact disc players
Encoded identification bracelets, magnetic
Data storage devices and media
Encoded, magnetic and smart cards
Encoded magnetic cards
Access control cards [encoded or magnetic]
Compact discs [read-only memory]
Discs (Compact -) [audio-video]
Computers
Computer hardware
Smartglasses
Data processing equipment and accessories (electrical and mechanical)
Magnets, magnetizers and demagnetizers
Decorative magnets
Testing and quality control devices
Diagnostic apparatus, not for medical purposes
Digital photo frames
Diskettes
DVD players
Monitoring instruments
Monitoring units [electric]
Electronic pens
Equalizers [audio apparatus]
Ergometers
Cinematographic apparatus
Image capturing and developing devices
Cameras
Frequency meters
Speed indicators
Recorded computer programs
Computer software, recorded
Weights
Global Positioning System [GPS] apparatus
Computer programs [downloadable software]
Electronic publications, downloadable
Computer software applications, downloadable
High-frequency apparatus
Holograms
Covers for personal digital assistants [PDAs]
Covers for smartphones
Covers for tablet computers
Interfaces for computers
Downloadable ring tones for mobile phones
Headphones
Head protection
Head guards for sports
Apparatus, instruments and cables for electricity
Chargers for electric batteries
Sleeves for laptops
Laptop computers
Bags adapted for laptops
Loudspeakers
Speaker enclosures
Signalling apparatus
Luminous signs
Air analysis apparatus
Magnetic tapes
Magnets
Identity cards, magnetic
Material testing instruments and machines
Peripherals adapted for use with computers
Mouse [computer peripheral]
Mouse pads
Mechanical signs
Measuring instruments
Mobile phones
Protective and safety equipment
Mouth guards for sports
Downloadable music files
Nose clips for divers and swimmers
Navigational instruments
Notebook computers
Optical apparatus and instruments
Physics (Apparatus and instruments for -)
Precision measuring apparatus
Weight measuring instruments
Precision balances
Life saving apparatus and equipment
Cell phone straps
Cases for smartphones
Cordless telephones
Protective films adapted for computer screens
Protective helmets for sports
Selfie sticks [hand-held monopods]
Transmitters of electronic signals
Smartphones
Smart rings
Smartwatches
Sunglasses
Computer memory devices
Eye protection
Sports glasses
Tablet computers
Tachometers
Pocket calculators
Temperature measuring instruments
Temperature indicating apparatus
Teaching apparatus
USB flash drives
Video game cartridges
Sensors, detectors and monitoring instruments
Virtual reality headsets
Scales
Teeth protectors
Time recording apparatus
Measuring, detecting, monitoring and controlling devices
Apparatus for broadcasting sound, data or images
Apparatus and instruments for reproducing of data
Apparatus for recording data
Magnetic data media
Phonograph records
Compact discs
DVDs
Digital recording media
Recorded data [magnetic]
Information technology and audio-visual, multimedia and photographic devices
Safety, security, protection and signalling devices
Diving equipment
Navigation, guidance, tracking, targeting and map making devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Parts and accessories for all the aforesaid goods, included in this class.