The trademark CROSSFIXX was filed by Heinz Bertram, a national of the Federal Republic of Germany (the "Applicant") and Alexander Hammerschmidt, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 7, 2021, and received one opposition filed on July 7, 2021 by CrossFit, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by RATZA & RATZA SRL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on February 13, 2022.
Goods And Services
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting articles
Rings for gymnastics
Appliances for gymnastics
Manually operated rings for lower and upper body resistance exercise
Sports equipment
Sports training apparatus
Sports apparatus for push-ups training or for training the chest, trunk and arm musculature
Forearm guards [sports articles]
Arm guards for sports use
Leg weights for athletic use
Sporting articles and equipment
Grips for sporting articles
Rings for sports
Arm pads adapted for use in sporting activities
Harnesses for use in sports.
The mark was filed in class 41 with following description of goods:
Consultancy services relating to training
Exercise instruction
Provision of training courses
Provision of training courses
Services for the provision of exercise equipment
Provision of educational services relating to exercise
Health club services [health and fitness training]
Providing sports training facilities
Provision of information relating to training
Providing fitness and exercise facilities
Physical fitness assessment services for training purposes
Providing instruction and equipment in the field of physical exercise
Provision of information relating to physical training via an online web site
Conducting training sessions on physical fitness online
Arranging and conducting of lectures for training purposes
Sports coaching
Sporting education services
Educational services relating to sports
Tuition in sports
Physical education
Sporting activities
Tuition in sports
Computer assisted physical education services
Organising of sporting activities and of sporting competitions
Sporting and recreational activities
Sports club services
Gymnasium club services
Sports-park services
Sport camp services
Sport camp services
Physical education facilities (Provision of -)
Organization of sports competitions
Organization of sports competitions
Sport camp services
Rental of stadium facilities
Instruction in sporting activities
Rental of sports equipment and facilities
Sports and fitness services
Education, entertainment and sport services
Organizing community sporting and cultural events
Provision of information relating to sports
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Rental of equipment for use at gymnastic events
Provision of information relating to physical education via an online web site.