The trademark was filed by YPSI GmbH, 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 Religious Technology Center on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FORRESTERS and proceedings were handled in English, 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 5 with following description of goods:
Nutritional supplements
Preparations for supplementing the body with essential vitamins and microelements
Vitamins and vitamin preparations
Dietary supplemental drinks
Dietary supplements and dietetic preparations.
The mark was filed in class 28 with Sports equipment and Body training apparatus [exercise]..
The mark was filed in class 41 with following description of goods:
Provision of training courses
Conducting fitness classes
Personnel training
Exercise classes
Exercise [fitness] advisory services
Fitness club services
Health and fitness training
Advisory services relating to the organisation of sporting events.
The mark was filed in class 44 with following description of goods:
Dietetic advisory services
Providing information relating to dietary and nutritional guidance