018384016

EQUINOX+

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January 26, 2021

Trademark Summary

The trademark EQUINOX+ was filed by Equinox Holdings, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on May 10, 2021, and received one opposition filed on August 10, 2021 by GROUPE CANAL+ on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SANTARELLI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2021

The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Recorded content in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  2. Software in the fields of fitness, exercise, sports, nutrition, meditation, wellness, leisure, and personal development
  3. Information technology and audio-visual, multimedia and photographic devices in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  4. Media content in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  5. Downloadable software application for downloading recorded fitness content for viewing on smartphones
  6. Downloadable software application for streaming audio and audiovisual content in the field of fitness training and instruction
  7. Downloadable software application for use by individuals participating in health, exercise, physical training and fitness classes in tracking athletic performance and receiving feedback on results
  8. Downloadable mobile application for receiving content and media used in connection with interactive audio and visual presentations of health, exercise, physical training, fitness and personal development on an interactive website
  9. Downloadable software application for fitness training, instruction and guided workouts
  10. Digital media, namely, downloadable audio and video recordings containing fitness content, fitness training, fitness instruction and classes
  11. Pre-recorded downloadable digital audio and video files relating to wellness and physical/personal-fitness training and instruction
  12. Computers and downloadable software for monitoring and analyzing various parameters associated with the operation of exercise equipment and for fitness training
  13. Downloadable software applications for use by individuals participating in exercise classes
  14. Wearable activity trackers
  15. Electronic monitors and sensors for monitoring athletic performance
  16. Fitness training apparatus, namely, fitness trackers worn on the wrist or elsewhere on the body, containing electronic sensors and software to analyze distance, running speed, activity level, pace and elevation and electronically display results.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing
  2. Footwear
  3. Headwear.
• The mark was filed in class 28 with following description of goods:
  
  1. Gymnastics and sporting articles
  2. Sporting articles and equipment
  3. Exercise machines, namely, elliptical exercise machines, treadmills, stationary cycles, rowing machines
  4. Exercise equipment, namely, exercise weights, exercise balls, exercise bars, exercise benches, exercise trampolines, and aerobic steps
  5. Exercise trampolines
  6. Stress relief balls for hand exercise
  7. Yoga equipment, namely, straps and blocks
  8. Punching bags
  9. Boxing gloves
  10. Jump ropes.
• The mark was filed in class 35 with following description of goods:
  
  1. Retail store services and online retail stores in relation to sporting articles and equipment
  2. Retail store services and online retail stores in relation to luggage, bags, wallets and other carriers
  3. Retail store services and online retail stores in relation to information technology and audio-visual, multimedia and photographic devices for use in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  4. Retail store services and online retail stores in relation to fitness, athletic, and exercise equipment and accessories, gym bags, tote bags, and headphones.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunications services in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  2. Streaming of audio and audiovisual materials on the internet in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  3. Streaming of audio and video materials on the internet featuring physical fitness classes, training, and instruction
  4. Video streaming services via the internet, featuring fitness training and instruction.
• The mark was filed in class 41 with following description of goods:
  
  1. Education in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  2. Providing of training in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
  3. Providing instruction and consultation in the field of exercise and physical fitness
  4. Providing facilities for exercise and physical fitness
  5. Wellness and physical/personal-fitness training services
  6. Physical fitness conditioning classes
  7. Providing classes, workshops and seminars in the fields of fitness and exercise
  8. Providing gym facilities
  9. Providing non-downloadable playback of audio and audiovisual content featuring physical fitness classes, training and instruction via a global communications network
  10. Providing wellness and physical/personal-fitness training services and online workout programs, namely, through a website also featuring information on physical fitness, weight training and exercise program
  11. Providing on-line exercise, wellness and physical/personal-fitness, physical training and personal development classes on an interactive website via mobile phones and internet
  12. Providing a website with information on exercise and wellness and physical/personal-fitness training and sports training and training advice, work-out tracking and the recording of training and workouts
  13. Providing on-line newsletters in the field of fitness, bodywork and body care services.
• The mark was filed in class 44 with following description of goods:
  
  1. Human hygiene and beauty care
  2. Health spa services for health and wellness of the body and spirit
  3. Massage
  4. Health spa services, namely, cosmetic body care services
  5. Providing a web site with information on healthy lifestyle and nutrition
  6. Consulting services in the fields of health and nutrition
  7. Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, activity monitoring and counseling
  8. Meditation therapy services
  9. Fitness services, namely, providing assistance, fitness evaluation and consultation to individuals to help them make wellness and nutritional changes in their daily living.