The trademark UNIQFITNESS was filed by Marcel Himmelmann, a national of the Federal Republic of Germany (the "Applicant") and Nina Prünte, 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 November 16, 2023, and received one opposition filed on February 15, 2024 by Société des Produits Nestlé S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 15, 2024
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 003211919 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 3, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical preparations
Sanitary preparations for medical purposes
Dietetic foodstuffs and substances adapted for medical use
Dietary supplements for human beings
Nutritional supplements
Preparations for making beverages for medical use
Food supplements and dietetic food supplements for sport and performance enhancement, adapted for medical use
Mineral dietary supplements
Starch for dietetic or pharmaceutical purposes
Food supplements, mainly consisting of vitamins, amino acids, proteins, minerals and trace elements For medical purposes
Vegetable-based extracts and concentrates Nutritional, excluding the following goods: Ethereal oil.
The mark was filed in class 30 with Protein bars and High-protein cereal bars..
The mark was filed in class 32 with Protein drinks and Protein powder for making protein drinks..
The mark was filed in class 35 with Occupational health management relating to professional business.
The mark was filed in class 41 with following description of goods:
Gym services
Training
Sporting activities
Keep-fit instruction
Exercise [fitness] advisory services
Fitness and health training
Physical training
Personal training
Group and partner training
Providing of gym services
Keep fit instruction services, Fitness training
Providing fitness and exercise facilities
Sports and fitness services
Education, providing of training, entertainment, sport and cultural activities
Providing online electronic publications, not downloadable, Electronic online publication of periodicals and books
Creation [writing] of educational content for podcasts
Teaching services provided via online streams, in relation to the followings fields: Sporting activities