The trademark application EGYM was filed by EGym GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 10, 2022. Appointment and Replacement of representative of the trademark registration was recorded on June 1, 2022.
The Refusal with reference B 018197963 was Rejected according to Article 7(1)(b) EUTMR with decision issued on February 14, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Electric Motors and electric drives for fitness equipment..
The mark was filed in class 9 with following description of goods:
Apparatus for recording, transmission or reproduction of sound or images
Blank Magnetic data carriers
Data processing apparatus
Computers
Downloadable computer software and computer programs for medical instruments, measuring equipment for medical purposes, gymnastics and gymnastics equipment, training equipment for leisure and competitive sports, fitness equipment, in particular for fitness and health maintenance
Recorded and downloadable computer software for capturing, storing, processing and displaying data and creating databases
Computer software for the administration of patient and customer data
Magnetically coded cards for storing patient and customer data
Scales
Distance recording apparatus namely, pedometers
Computer screens, computer terminals for the operation and control of training, fitness and cardiovascular equipment and machines, for monitoring the exercises performed using proprietary software
Downloadable mobile applications for tracking and managing fitness information
Downloadable software in the nature of a mobile application for sending status updates to web feed subscribers and for uploading and downloading electronic files for sharing with other users
Computer software and downloadable computer software applications for receiving, displaying processing and uploading fitness, exercise and nutritional data to the Internet
Downloadable mobile applications for introducing and connecting people with a wellness provider, personal trainer, fitness trainer or fitness trainer
Downloadable mobile applications for gymnastics and gymnastics equipment, training equipment for leisure and competitive sports, fitness equipment, in particular for maintaining fitness and health, medical instruments and apparatus, diagnostic equipment for medical purposes, therapeutic devices, measuring devices for medical purposes
Ergometers for use on electrically controlled fitness equipment to build up specific muscle groups
Computer software for us in the collection of human biometric data
Sensors, receivers, devices and other equipment worn by a person on the body for collecting, collating, analysing and communicating human biometric data for use in fitness, wellness, exercise and training plans and for other recreational purposes
Management software for studios
Computer application software for mobile phones, namely, software for health and fitness instruction, games and result tracking
Downloadable computer game software
Computer software that enables users to reserve and book fitness and personalised services
Computer software that enables users and providers of fitness and individual services to track and analyse exercise sessions, progress in physical fitness and exercise goals
Computer software for customers and prospects to interact with providers of fitness and individual services
Downloadable software for appointment management, participant list management, group and event registration and automated class check-in, notification, commercial evaluation, payment transactions, reward management and for localisation, geolocation and comparison of providers of individual services
All the aforesaid goods unrelated to machines and machine tools for material processing and production and their parts.
The mark was filed in class 10 with following description of goods:
Physical rehabilitation equipment and apparatus for medical rehabilitation training purposes
Basins for medical purposes
Blood pressure monitors
Electric acupuncture instruments
Orthopedic belts
Massage apparatus
Medical apparatus and instruments for physical exercises and physiotherapy
Analyzers and diagnostic devices for medical purposes
Strength training equipment for physiotherapy
Physiotherapy and body rehabilitation equipment
Medical apparatus and instruments for monitoring muscle and cardiovascular fitness after completion of exercises on power operated treadmills, Physical fitness devices for medical purposes
Exercise equipment for medical rehabilitation purposes
Sports equipment for medical rehabilitation purposes
Training equipment, namely, apparatus for physical training for medical rehabilitation purposes
Gymnastic equipment for medical rehabilitation purposes
Training machines for medical rehabilitation purposes
Apparatus for practicing athletic mobility for medical rehabilitation purposes
Machines and devices for body, gymnastics and sports exercises, for muscle rehabilitation.
The mark was filed in class 28 with following description of goods:
Exercise equipment for body, gymnastics and cardiovascular exercises, namely, treadmills, steppers, rowing machines and bicycle simulators for muscle training and rehabilitation
Barbells exercise weights and dumbbells for muscle training
Machines and devices exercise equipment, namely, gymnastic apparatus for body, gymnastics and sports exercises, for muscle training, for fitness and cardiovascular exercises
Body boards
Electrically operated or electrically controlled fitness equipment for building certain specific muscle groups
Physical fitness equipment for use indoors, namely, eclipse exercise machines, weightlifting and manually operated exercise equipment, namely manual leg trainers, namely leg extension, leg curl, leg press
Manual muscle trainers, namely abdominal press, row of seats, back extension, chest press, row of seats, lat pulldown, glutes, abductor, adductor, rotating torso, pectoral fly, posterior deltoid, biceps curl, calf press, shoulder press, triceps press
Manually operated exercise equipment with an internet access component.
The mark was filed in class 35 with following description of goods:
Business advice relating to the operation of gyms
Advice relating to the management of fitness clubs, membership management
Advertising services
Internet advertising for others
Business advice on the planning of biomedical rehabilitation centers as well as gymnastics and sports centers.
The mark was filed in class 38 with Providing access to databases and Communication services in the medical field, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communications networks, and the Internet..
The mark was filed in class 41 with following description of goods:
Digital guidance on physical training
Operation of fitness and sports facilities
Health education
Conducting lectures, training courses and seminars, in particular in connection with the services of a fitness studio in the course of health and prevention services within the framework of occupational health management
Health and wellness training
Rental of gymnastic, gymnastic, fitness and bodybuilding equipment and equipment for physical exercise for the purpose of physical training
Arranging training courses on health topics
Physical health education
Education in the field of health care and nutritional supplement
Provision of information about health education and fitness
Conducting training to prevent health problems
Providing facilities for recreational activities, namely, gyms, gymnastic and sports centers
Providing fitness and exercising facilities
Sports and fitness training services
Exercising consulting
Creation of training concepts for fitness studios, fitness trainers, competitive, amateur and health athletes
Training of trainers in the field of fitness concepts, sports concepts, training plans and a circuit system
Conducting training in the fitness area
Training in the field of fitness
Rental of fitness and exercise facilities
Providing fitness training information via an online website
Creation of training concepts
Organisation of sporting events and sports promotions
Conducting advice on training content for fitness studios, fitness trainers, competitive, hobby and health athletes
Organisation and implementation of cultural and sporting events
Rental of sports equipment, except vehicles
Medical training of trainers in the field of fitness concepts, sports concepts, training plans and a circuit system
Conducting gymnastic and sporting events, sporting competitions and shows in the fields of gymnastics, sport and muscle rehabilitation
Coaching in the fields of sports, fitness and exercise
Leisure services
Arranging and conducting of training workshops
Personal training related to weight loss and training plans
Providing a website with training and fitness information
Providing an online computer database in the field of information relating to sports and fitness
Providing physical fitness support, personal training, and advice to businesses to help their employees achieve physical fitness, strength, conditioning, and increased training in their daily lives
Providing physical fitness support, personal training, and advice to individuals to help them achieve physical fitness, strength, condition, and exercise improvements in their daily lives
Providing information about physical exercises.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware and software for medical applications
Computer programming in the medical field
Creation of computer programs for medical applications
Computer programming for the operation and control of training, fitness and cardiovascular devices and machines, for monitoring the exercises carried out with the aid of the aforesaid machines and devices, and or monitoring, operating and planning biomedical rehabilitation centers
Creation of computer programs for the operation and control of training, fitness and cardiovascular devices and machines, for the monitoring of the exercises carried out with the aid of the aforementioned machines and devices, and for the monitoring, operation and planning of biomedical rehabilitation centers
Custom software customisation
Software as a service [SaaS] services featuring software for use in database management
Hosting services, namely, web site hosting services
Software as as services [SaaS] services, namely, hosting software for use by others for use in word processing and software rental
Server hosting
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of sports and fitness equipment, sports clothing, sports shoes and sports accessories of all kinds
Updating computer software
Updating of software
Updating of websites
Design of computer software
Research and development services for new products of others
Material testing
Quality control
Certification [quality control]
Research in the field of occupational health
Platform as a service (PaaS) with computer software platforms for appointment management, management of participant lists, notification, event registration, customer service, payment transactions, marketing campaigns and management of customer contacts (CRM)
Platform as a service (PaaS) featuring non downloadable software that enables users and providers of fitness and personalised services to track and analyse exercise sessions, physical fitness progress and exercise goals
Providing computer software, not downloadable, for collecting, collating, analysing and sharing human biometric data for use in fitness, wellness, exercise and training plans and for other recreational purposes
Platform as a service featuring non downloadable software for managing customer relationships
Providing temporary use of non downloadable business management software
Software services, namely, enabling temporary use of non-downloadable computer software that enables users and provides of fitness and individual services to track and analyse exercise sessions, progress in physical fitness and exercise goals, and to collect, collate, analyse, and share human information biometric data for use in fitness, wellness, exercises and training plans and for other recreational purposes
Providing non downloadable software for managing appointments, managing attendee lists, notification, customer service, marketing campaigns and accessing company reports
Design and development of software for others
Design and development of computer software for mobile phones, pocket computers and other portable devices in the field of personal services
All the aforesaid services unrelated to machines and machine tolls for material processing and production and their parts.
The mark was filed in class 44 with following description of goods:
Medical services, in particular medical advice, sports medical advice
Health advice in sports
Hygienic and beauty care for human beings
All the aforesaid services with the exception of advice on baby, infant, toddler and child nutrition, advice on baby, infant, toddler and child care, and with the exception of nutritional advice for athletes and pregnant women
Conducting medical fitness tests
Creation of medical cares concepts for gyms, fitness trainers, competitive, amateur and health athletes
Medical analyzes and expert reports, in particular in connection with sports medical care
Health care in the form of health maintenance events
Physiotherapist services
Nutritional advice, in particular advice to member companies and their canteens
Health and beauty services
Physiotherapy services.
The mark was filed in class 45 with following description of goods:
Online social networking services in the field of fitness and exercise
Personal and social services rendered by others to meet the needs of individuals, namely, online social networking services through downloadable mobile applications