The trademark BE VICTORIOUS FITNESS was filed by Alberto Gandolfi, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on July 21, 2020, and received one opposition filed on September 27, 2020 by GARAIZAR ARBEO, JUAN ANTONIO on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for transmitting images
Apparatus and instruments for transmitting sound
Apparatus for the transmission of information
Apparatus for transmission of communication
Application software
Application software for mobile devices
Application software for mobile phones
Application software for smart phones
Application software for social networking services via internet
Mobile application software
Mobile apps
Downloadable publications in electronic form
Parts and fittings for all of the aforesaid.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Anoraks
Anti-sweat underclothing
Articles of sports clothing
Athletic clothing
Baseball caps
Baselayer tops
Beanie hats
Cagoules
Casual shirts
Fleece jackets
Gymwear
Hooded sweatshirts
Leisurewear
Polo shirts
Sport coats
Sports clothing
Sports jerseys
Sweatpants
Sweatshirts
Tracksuits
T-shirts
Vests
Wind jackets
Jogging bottoms
Jogging tops
Parts and fittings for all of the aforesaid.
The mark was filed in class 41 with following description of goods:
Education and instruction services
Aerobics training services
Arranging and conducting of training courses
Arranging and conducting of training seminars
Arranging and conducting of training workshops
Arranging of demonstrations for training purposes
Arranging of presentations for training purposes
Arranging of training courses
Conducting training sessions on physical fitness online
Continuous training
Education and training services
Education services relating to physical fitness
Fitness and exercise instruction
Fitness and exercise training services
Guidance (Vocational -) [education or training advice]
Health and wellness training
Health club services [health and fitness training]
Instruction in circuit training
Instruction in weight training
Instructional and training services
Personal coaching [training]
Personal development training
Personal fitness training services
Personal trainer services [fitness training]
Physical education
Physical education instruction
Physical fitness consultation
Physical fitness education services
Physical fitness training services
Physical fitness tuition
Physical health education
Physical training services
Production of educational sound and video recordings
Production of training videos
Production of video and audio recordings
Providing courses of instruction
Providing courses of training
Providing of continuous training courses
Providing of training, teaching and tuition
Provision of information on fitness training via an online portal
Provision of information relating to physical education via an online web site
Provision of information relating to physical exercises via an online web site
Provision of information relating to physical training via an online web site
Provision of information relating to training
Provision of online training
Provision of online tutorials
Provision of physical education
Provision of training and education
Provision of training courses
Recreation and training services
Sports and fitness services
Sports training
Strength and conditioning training
Training and education services
Training and instruction
Training of sports players
Training services
Tuition
Tuition in physical fitness
Tuition in sports
Workshops (Arranging and conducting of -) [training]
Workshops for training purposes
Providing of further training courses
Health and fitness training
Entertainment, education and instruction services
Information, advisory and consultancy services in connection with all of the aforesaid.
The mark was filed in class 42 with following description of goods:
Provision of information in relation to sports science
Provision of information in relation to research into physical exercise
Provision of information in relation to the impact of physical exercise of the human body
Compilation of web pages for the Internet
Research into new products
Scientific research
Provision of information relating to scientific research
Provision of scientific information
Information, advisory and consultancy services in connection with all of the aforesaid.