The trademark Club Passion was filed by Run Services, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 22, 2023, and received one opposition filed on January 23, 2024 by Pferdesporthaus Loesdau GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 23, 2024
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 14, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Scouring solutions
Quick-release agents
Mould removers
Detergents, Soap, Shampoos
Cleaning preparations, Polishing preparations
Grease-removing preparations
Rust-removing preparations.
The mark was filed in class 6 with following description of goods:
Tension links
Anchor chains
Ball connectors for anchor chains, of metal
Attachments for clearing anchors
Chain claws
Buoy chains
Buoy holders, of metal
Hooks for retrieving buoys
Fender holders, of metal
Catwalks, of metal
Expansion stirrup for gangways, of metal
Gangway holders, of metal
Shroud holders, of metal
Lifeboat holders, of metal
Line threaders, of metal.
The mark was filed in class 9 with following description of goods:
Clothing for protection against accidents and Gloves for protection against accidents
Cyclists' helmets
Motorcyclists' helmets
Head protection
Protection devices for personal use against accidents
Accessories for attaching to protective sports helmets, namely Teeth protectors, Ear pads, Throat protectors, shin pads, face-protection masks, Jaw guards and Eye shields
Reflecting discs for wear, for the prevention of traffic accidents
Vehicle breakdown warning triangles
Electric installations for vehicle theft prevention
Scientific apparatus and instruments, Nautical apparatus and instruments, Surveying apparatus and instruments, Electrical apparatus and instruments, Photographic apparatus and instruments, Optical apparatus and instruments, Weighing apparatus and instruments, Apparatus and instruments for measuring, guiding and signalling, apparatus and instruments for direction and navigation, prevention apparatus and instruments, Checking (supervision) apparatus and instruments, Life-saving apparatus and instruments, Diving suits, Scuba diving masks
Sounders, Marine autopilots, Radio relay receiving aerials and satellites, Batteries, Rear view cameras, Backup radars, Speed warning devices
Camcorders
Burglar alarms.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by water and land
Remote control vehicles, other than toys
Spare parts and fittings included in class 12.
The mark was filed in class 16 with following description of goods:
Printed matter
Bookbinding material
Photographs [printed]
Stationery
Adhesives (stationery)
Newspapers, Prospectuses, Brochures and periodicals, Journals and books, All the aforesaid goods for owners or users of vehicles and apparatus for locomotion by land and water
Navigational charts and Road maps
Books, in relation to the following fields: Navigation
Logbooks
Waterproof pouches.
The mark was filed in class 18 with following description of goods:
Trunks [luggage]
Suitcases
Trunks and travelling bags
Garment bags for travel and Bags for travel accessories
Tool bags, empty.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear [excluding orthopedic footwear]
Headgear
Sashes for wear
Gloves [clothing]
Belts [clothing]
Waterproof clothing, Boots (footwear)
Underwear
Rainproof and weatherproof clothing and suits.
The mark was filed in class 35 with following description of goods:
Advertising
Publicity material rental
Business management
Business administration
Office functions
Direct mail advertising
Arranging newspaper subscriptions for others
Arranging subscriptions to telecommunication services for others
Presentation of goods on communication media, for retail purposes
Business management and organization consultancy
Book-keeping
Computerized file management
Web site traffic optimization
Organization of exhibitions for commercial or advertising purposes
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Rental of advertising space
Dissemination of advertising matter
Consultancy regarding advertising communication strategies
Public relations services
Arranging subscriptions to information media of all kinds, For owners or users of vehicles and apparatus for locomotion by land and water.
The mark was filed in class 36 with Insurance underwriting and Services in relation to the following fields: Insurance contracts for owners or users of vehicles and apparatus for locomotion by land and water, in particular for prevention.
The mark was filed in class 37 with Repair of vehicles and apparatus for locomotion by land or water and Breakdown assistance to users of vehicles and apparatus for locomotion by land and water..
The mark was filed in class 38 with following description of goods:
Telecommunications by computer terminals, Telecommunications by cable, Providing telecommunication by satellite, Electronic, digital, Hertzian wave, telephonic, telematic, radiophonic and telegraphic telecommunications
Transmission and/or dissemination of data, signals, sound and/or images, whether or not computer-aided, including by electronic or digital means, by radio, by data transmission, by cable, satellite and computers grouped on a communications network in particular for worldwide communications networks such as the Internet or private or restricted access networks such as intranets
Providing of access and connection to server centres, database server centres, and global communications networks (such as the internet) or private or restricted access networks (such as intranets)
Transmission, dissemination and visualisation, whether or not secure, of information contained in databases
Electronic data interchange
Electronic messaging and mail services.
The mark was filed in class 39 with following description of goods:
Travel arrangement, arranging of tours, sightseeing (tourism)
Booking of seats for travel, Travel reservation
Travel, tours and excursions information, All the aforesaid services being for users and owners of vehicles and apparatus for locomotion by land and water
Vehicle rental and Rental of apparatus for locomotion by land and water
Transport information, in particular relating to security, for any owners or users of vehicles and apparatus for locomotion by land and water.
The mark was filed in class 41 with following description of goods:
Publishing, Publishing and distribution In connection with the following goods: books and journals, texts, Artists' prints, Newspapers, Magazines and Reviews and Information media of all kinds
Teaching
Training
Entertainment services
Sporting and cultural activities
Entertainment information
Education information
Providing recreation facilities
Production of cinematographic films
Lease of scenery
Photography
Organization of competitions [education or entertainment]
Arranging and conducting of colloquiums
Arranging and conducting of conferences
Arranging and conducting of congresses
Organising exhibitions for cultural, entertainment or educational purposes
Booking of seats for shows and Ticket agencies, All the aforesaid services being for owners and users of vehicles and apparatus for locomotion by land and water.
The mark was filed in class 42 with Prevention and security for any owners or users of vehicles and apparatus for locomotion by land and water.
The mark was filed in class 43 with following description of goods:
Hotel services
Restaurant services
Temporary accommodation rental and reservations
Hotel reservations
Temporary accommodation, All the aforesaid services being for owners and users of vehicles and apparatus for locomotion by land and water during events relating to the aforesaid vehicles and apparatus.