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).
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Software in the fields of fitness, exercise, sports, nutrition, meditation, wellness, leisure, and personal development
Information technology and audio-visual, multimedia and photographic devices in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Media content in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Downloadable software application for downloading recorded fitness content for viewing on smartphones
Downloadable software application for streaming audio and audiovisual content in the field of fitness training and instruction
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
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
Downloadable software application for fitness training, instruction and guided workouts
Digital media, namely, downloadable audio and video recordings containing fitness content, fitness training, fitness instruction and classes
Pre-recorded downloadable digital audio and video files relating to wellness and physical/personal-fitness training and instruction
Computers and downloadable software for monitoring and analyzing various parameters associated with the operation of exercise equipment and for fitness training
Downloadable software applications for use by individuals participating in exercise classes
Wearable activity trackers
Electronic monitors and sensors for monitoring athletic performance
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:
Clothing
Footwear
Headwear.
The mark was filed in class 28 with following description of goods:
The mark was filed in class 35 with following description of goods:
Retail store services and online retail stores in relation to sporting articles and equipment
Retail store services and online retail stores in relation to luggage, bags, wallets and other carriers
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
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:
Telecommunications services in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Streaming of audio and audiovisual materials on the internet in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Streaming of audio and video materials on the internet featuring physical fitness classes, training, and instruction
Video streaming services via the internet, featuring fitness training and instruction.
The mark was filed in class 41 with following description of goods:
Education in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Providing of training in the fields of fitness, exercise, physical training, nutrition, meditation, wellness, leisure, and personal development
Providing instruction and consultation in the field of exercise and physical fitness
Providing facilities for exercise and physical fitness
Wellness and physical/personal-fitness training services
Physical fitness conditioning classes
Providing classes, workshops and seminars in the fields of fitness and exercise
Providing gym facilities
Providing non-downloadable playback of audio and audiovisual content featuring physical fitness classes, training and instruction via a global communications network
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
Providing on-line exercise, wellness and physical/personal-fitness, physical training and personal development classes on an interactive website via mobile phones and internet
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
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:
Human hygiene and beauty care
Health spa services for health and wellness of the body and spirit
Massage
Health spa services, namely, cosmetic body care services
Providing a web site with information on healthy lifestyle and nutrition
Consulting services in the fields of health and nutrition
Providing healthy lifestyle and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, activity monitoring and counseling
Meditation therapy services
Fitness services, namely, providing assistance, fitness evaluation and consultation to individuals to help them make wellness and nutritional changes in their daily living.