The trademark MaxxSport was filed by MAXXTOOLS BVBA, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on June 21, 2021 by MAXI SPORT SPA on Likelihood of confusion. the opponent was represented by DRAGOTTI & ASSOCIATI S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on February 10, 2022.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Racing bicycles
Sports bicycles
Gravel bicycles
Bicycles & their parts
Bicycles, parts and fittings for cycles and bicycles, Namely frames, Baskets adapted for bicycles, Bags for bicycles, Ear-top luggage carriers, steering head fittings, Bar ends, Brakes, Bells, Crank gear fittings, Handles, Dress guards, Chains, Chain wheels with cranks, Chain guards, Fork crowns, Cam, Hubs, Gear hubs, gear systems, Brake hubs, Pedals, Pedal rubbers, Pumps, bottom brackets, Mudguards, Handlebars, Handlebar tape, Wheel trims, Spokes, forks, Freewheels
Seat posts, saddles
Drinking bottle holders
The aforementioned goods not in the field of tyres.
The mark was filed in class 27 with following description of goods:
Carpets, rugs and mats
Rubber mats
Mats for use in sports
Floor coverings for use in sporting activities and gymnastic activities
Imitation turf for use in covering surfaces for sports purposes.
The mark was filed in class 28 with following description of goods:
Games, toys, and playthings
Sporting articles, equipment, devices and apparatus for power training
Physical training and fitness apparatus
Physical education equipment
Indoor bicycle trainers
Aerobic step machines
Benches for sporting use
Bar-bells, Kettle bells and Dumbbells for weightlifting
Balls, Including footballs, Field hockey balls, Basketballs and Volley balls
Walking globes
Swiss balls
Skipping ropes
Trampolines
Punching bags
Boxing gloves
Hockey sticks and gloves
Football equipment
Gloves, Knee pads, Shinguards, arm pads and Wrist guards for athletic use
Sports bags and Cases specially adapted for sports equipment
Sports games
Parts for the aforesaid goods, included in this class
None of the aforesaid goods being or for use with toy vehicles, remote-controlled model vehicles or parts and accessories therefor.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of printed matter for advertising purposes
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: vehicles, Apparatus for locomotion by land air or water, racing bicycles, Sports bicycles, Gravel bikes, bicycles and parts therefor, cycles, parts and fittings for cycles and bicycles, namely frames, baskets for bicycles, bicycle bags, Luggage racks, Casings for pneumatic tyres, Inner tubes, Steering head fittings, Bar ends
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: Brakes, Bells, Crank gear fittings, Handles, Dress guards, chains, Chain wheels with cranks, Chain cases, Fork crowns, Lock cylinders, hubs, Gear hubs, gear systems, Brake hubs, Foot pedals, Pedal rubbers, Pumps, Kickstands, Mudguards, controlling, Handlebar tape, Wheel rims, Spokes, forks, Free wheels, saddle posts, saddles, Water bottle cages
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: carpets, rugs and mats, Rubber matting, Mats for use in sports, floor coverings for use in sporting activities and gymnastic activities, imitation turf for use in covering surfaces for sports purposes
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: games, playthings and toys, sporting articles, equipment, devices and apparatus for power training, training and fitness apparatus, body-building apparatus, stationary exercise bicycles, aerobic step machines
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: benches for sporting use, Dumb-bells, Kettlebells and Dumbbells for weightlifting, Balls, Including footballs, field hockey balls, Basket balls and volley balls, Walking globes, swiss balls, jump ropes, Springboards, Punching bags, Gloves (boxing)
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing of the following goods: hockey sticks and gloves, football equipment, gloves, knee, shin, arm and wrist guards for sports use, sport bags and carrying cases adapted for carrying sporting articles, sports games, fittings for the aforesaid goods, included in this class
Organisation of events for commercial and advertising purposes
Provision of commercial information
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet
None of the aforesaid concerning toy vehicles, remote-controlled model vehicles or parts and accessories therefor.