The trademark SPORTWORKS was filed by Herbalife International, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on December 11, 2005, and received one opposition filed on March 9, 2006 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 9, 2006
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 5 with Healthcare products, dietary supplements, health food supplements made principally of vitamins, health food supplements made principally of minerals, healthcare products for persons with special dietary requirements, healthcare products, nutritional supplements for healthcare and dietary purposes and nutritional supplements..
The mark was filed in class 29 with following description of goods:
Foods and snacks made from processed oils, fats, and nuts
Dietary supplements in powder, capsule, or tablet form made from processed oils, fats and nuts
Snacks containing protein, powdered protein for human consumption, soups, preparations for making soup, vegetable soup preparations, milk, milk beverages, milk products, protein for human consumption, protein for human consumption in the form of protein powder optionally containing minerals, vitamins, and herbal ingredients, meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Edible oils fats.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa, chocolate and beverages based on coffee, tea and cocoa, chocolate
Spices
Preparations made from cereals
Honey
Treacle and preparations made therefrom
Non-alcoholic beverages and powdered or concentrated preparations for making non-alcoholic beverages
Powdered drinks and drink mixes based on the goods of Class 30 for use in nutritional and dietary health regimens, snacks
Snack food
Powder for making beverages.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Sports beverages, minerals and aerated waters and other non-alcoholic drinks, syrups and other preparations for making beverages
Ready to drink beverages for use in nutritional and dietary health regimens
Fruit drinks and fruit juices and other preparations for making beverages
Ready-to-drink, concentrated, or powdered non-alcoholic beverages