The trademark Trias was filed by Gaugler & Lutz GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 11, 2021, and received one opposition filed on June 13, 2021 by Ottobock SE & Co. KGaA on Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 13, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Orthopedic articles
Physical therapy equipment
Blanks of foam, balsa wood or cork for orthopaedic purposes
Supports of foam, balsa wood or cork for medical purposes, namely neck rollers or knee rollers, wedge cushions, back stabilising and support cushions
Foam parts for medical purposes, namely hand grip resistance trainers for strengthening the muscular system
Therapy blocks and therapy rollers of foam, balsa wood or cork, and foam, balsa wood or cork underlays
Balls (being training apparatus for catching, throwing, bouncing and rolling) for therapeutic purposes
Sports therapy equipment for medical use, namely coordination pads, lordosis pillows, sitting aids, apparatus for helping to increase balance
Exercise balls, balls and half-balls for medical and/or physiotherapeutic use
Physical exercise apparatus for medical purposes
Massage apparatus
Physical exercise apparatus for medical purposes
Physiotherapy and rehabilitation equipment
Exercising apparatus for medical rehabilitative purposes
Exercise machines for therapeutic purposes
Balls, spheres, rollers and half-rollers for pilates and fascia training (for therapeutic purposes)
Therapy equipment for balance exercises
Physiotherapy boards
Other than artificial limbs.
The mark was filed in class 27 with following description of goods:
Mats, gymnastic mats, gymnastic, exercise and training mats
Floor coverings and artificial ground coverings
Cork tiles
Fencing pistes
Floors coverings of rubber
Floor coverings, in particular for sports halls, gyms and fitness studios.
The mark was filed in class 28 with following description of goods:
Sporting articles for swimming, namely buoyancy aids and armbands of foam or cork
Foam balls (toys)
Cork balls (toys)
Balls (being training apparatus for catching, throwing, bouncing and rolling)
Machines for physical exercises
Sporting articles
Sports training apparatus
Appliances for gymnastics
Wobble boards, Balance boards
Vibrating plates and wobble plates
Exercise balls, balls and half-balls for training purposes
Devices for holding and storing rollers for pilates and fascia training
Sports and training equipment for balance exercises.
The mark was filed in class 41 with following description of goods:
Sporting and cultural activities, fitness advice
Yoga, fitness and gymnastics performances
Providing entertainment, in particular providing websites with video and sound recordings
Teaching and educational services
Sports and health club services
Sports camp services, film and video production
Conducting of study courses, courses and training in the field of yoga, fitness and gymnastics
Providing of training and further training courses
Organisation, arranging and conducting of courses, seminars, conferences and workshops in the field of the providing of training and instruction for gymnastics teachers, yoga teachers, physiotherapists and fitness trainers, publication of books in the fields of yoga, fitness and gymnastics, writing of texts in the fields of yoga, fitness and gymnastics, included in this class