EUTM file information

018444365

KETTLER

March 31, 2021

Trademark Summary

The trademark KETTLER was filed by Plomp AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 10, 2021, and received one opposition filed on August 8, 2021 by KETTLER Alu-Rad GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PATENTANWÄLTE BUSCHHOFF HENNICKE ALTHAUS and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 8, 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 9 with following description of goods:
    1. Ergometers
    2. Mobile apps
    3. Connected bracelets [measuring instruments]
    4. Goggles for sports
    5. Helmets for sporting activities
    6. Safety helmets for sporting activities
    7. Gloves for protection
    8. Sport bags adapted [shaped] to contain protective helmets
    9. None of the aforesaid goods being for vehicles or parts for vehicles.
  • The mark was filed in class 25 with Gymnastic and sports clothing and Gymnastic and sporting footwear, excluding the following goods: Cycling shoes..
  • The mark was filed in class 28 with following description of goods:
    1. Sporting articles and equipment
    2. Aerobic steps
    3. Aerobic step machines
    4. Exercise weights
    5. Gymnastic and sporting articles
    6. Stands for jogging machines
    7. Sports training apparatus
    8. Sports equipment
    9. Sporting articles
    10. Sit up benches
    11. Exercise pulleys
    12. Rowing machines
    13. Punching bags
    14. Floor-mounted punch balls
    15. Manual leg exercisers
    16. Manually operated exercise equipment
    17. Push-up handles
    18. Push up stands
    19. Bar-bells
    20. Exercise treadmills
    21. Dumbbell shafts for weight lifting
    22. Dumb-bells
    23. Kettle bells
    24. Body training apparatus [exercise]
    25. Inversion tables
    26. Lifting grips for weight lifting
    27. Dumb-bells [for weight lifting]
    28. Hand grip strengthener rings
    29. Hand wraps for sports use
    30. Manually operated rings for lower and upper body resistance exercise
    31. Appliances for gymnastics
    32. Grips for sporting articles
    33. Machines incorporating weights for use in physical exercise
    34. Weight lifting belts [sports articles]
    35. Apparatus for achieving physical fitness [for non-medical use]
    36. Machines for physical exercises
    37. Exercise bands
    38. Indoor fitness apparatus
    39. Stationary exercise bicycles
    40. Chest expanders [exercisers]
    41. Elliptical trainers
    42. Swivels for punching bags
    43. Rotating push-up handles
    44. Body-building apparatus [exercise]
    45. Body-building apparatus
    46. Body toner apparatus [exercise]
    47. Leg weights for athletic use
    48. Leg weights for exercising
    49. Leg weights [sports articles]
    50. Stomach exercisers
    51. Weight lifting benches
    52. Benches for gymnastic use
    53. Benches for sporting use
    54. Abdominal wheel rollers for fitness purposes
    55. Spring-supported punch balls
    56. Rowing machines
    57. Multigyms
    58. Fitness bicycles
    59. Exercise bikes.
  • The mark was filed in class 35 with following description of goods:
    1. Retail services in relation to: ergometers, Mobile apps, Connected bracelets (measuring instruments), clothing for gymnastics and sports, Gymnastic footwear and boots for sports, excluding the following goods: cycling shoes, Sport goggles, Helmets for sporting activities, Not for use with vehicles, Safety helmets for sporting activities, Not for use with vehicles, Protective gloves, Sports bags being specially adapted (designed) for protective helmets, Sporting articles, Sports equipment, erobic steps, Aerobic steps, Exercise weights, Gymnastic and sporting articles, stands for jogging machines
    2. Retail services in relation to: Sports training apparatus, Sports equipment, Sporting articles, Sit up benches, exercise pulleys, Rowing machines, Punching bags, floor-mounted punch balls, Manual leg exercisers, manually operated exercise equipment, Push-up handles, push up stands, Olympic bars, Exercise treadmills, Dumbbell bars for weightlifting, dumbells, Dumbbells
    3. Retail services in relation to: Body training apparatus [exercise], Inversion tables, Lifting grips for weight lifting, dumb-bells [for weight lifting], Hand grip strengthening rings, hand wraps for sports use, manually operated rings for lower and upper body resistance exercise, Gymnastic apparatus, gym equipment, grips for sporting articles, Weightlifting machines, Weight lifting belts [sports articles], Apparatus for achieving physical fitness for non-medical use
    4. Retail services in relation to: Machines for physical exercise, Exercise bands, indoor fitness apparatus, Exercise cycles, Exercisers (expanders), ellipticals
    5. Retail services in relation to: swivels for punching bags, Rotating push-up handles, Body-building apparatus for exercise purposes, bodybuilding apparatus, Body toning apparatus [exercise equipment], leg weights for athletic use, leg weights for exercising, Leg weights (sports articles), Abdominal exercise apparatus, Weight-lifting benches, Benches for gymnastic use, Benches for sports use, Abdomen roller wheels for fitness purposes, spring-supported punch balls, Ergometers, Multigyms, fitness bicycles, Stationary bikes
    6. Mail order retail services in relation to: ergometers, Mobile apps, Connected bracelets (measuring instruments), clothing for gymnastics and sports, Gymnastic footwear and boots for sports, excluding the following goods: cycling shoes, Sport goggles, Helmets for sporting activities, Not for use with vehicles, Safety helmets for sporting activities, Not for use with vehicles, Protective gloves, Sports bags being specially adapted (designed) for protective helmets, Sporting articles, Sports equipment, erobic steps, Aerobic steps, Exercise weights, Gymnastic and sporting articles, stands for jogging machines
    7. Mail order retail services in relation to: Sports training apparatus, Sports equipment, Sporting articles, Sit up benches, exercise pulleys, Rowing machines, Punching bags, floor-mounted punch balls, Manual leg exercisers, manually operated exercise equipment, Push-up handles, push up stands, Olympic bars, Exercise treadmills, Dumbbell bars for weightlifting, dumbells, Dumbbells
    8. Mail order retail services in relation to: Body training apparatus [exercise], Inversion tables, Lifting grips for weight lifting, dumb-bells [for weight lifting], Hand grip strengthening rings, hand wraps for sports use, manually operated rings for lower and upper body resistance exercise, Gymnastic apparatus, gym equipment, grips for sporting articles, Weightlifting machines, Weight lifting belts [sports articles], Apparatus for achieving physical fitness for non-medical use
    9. Mail order retail services in relation to: Machines for physical exercise, Exercise bands, indoor fitness apparatus, Exercise cycles, Exercisers (expanders), ellipticals, swivels for punching bags, Rotating push-up handles, Body-building apparatus for exercise purposes, bodybuilding apparatus, Body toning apparatus [exercise equipment], leg weights for athletic use, leg weights for exercising, Leg weights (sports articles), Abdominal exercise apparatus, Weight-lifting benches, Benches for gymnastic use, Benches for sports use
    10. Mail order retail services in relation to: Abdomen roller wheels for fitness purposes, spring-supported punch balls, Ergometers, Multigyms, fitness bicycles, Stationary bikes
    11. Wholesale services in relation to: ergometers, Mobile apps, Connected bracelets (measuring instruments), clothing for gymnastics and sports, Gymnastic footwear and boots for sports, excluding the following goods: cycling shoes, Sport goggles, Helmets for sporting activities, Not for use with vehicles, Safety helmets for sporting activities, Not for use with vehicles, Protective gloves, Sports bags being specially adapted (designed) for protective helmets, Sporting articles, Sports equipment, erobic steps, Aerobic steps, Exercise weights, Gymnastic and sporting articles, stands for jogging machines
    12. Wholesale services in relation to: Sports training apparatus, Sports equipment, Sporting articles, Sit up benches, exercise pulleys, Rowing machines, Punching bags, floor-mounted punch balls, Manual leg exercisers, manually operated exercise equipment, Push-up handles, push up stands, Olympic bars, Exercise treadmills, Dumbbell bars for weightlifting, dumbells, Dumbbells
    13. Wholesale services in relation to: Body training apparatus [exercise], Inversion tables, Lifting grips for weight lifting, dumb-bells [for weight lifting], Hand grip strengthening rings, hand wraps for sports use, manually operated rings for lower and upper body resistance exercise, Gymnastic apparatus, gym equipment, grips for sporting articles, Weightlifting machines, Weight lifting belts [sports articles], Apparatus for achieving physical fitness for non-medical use
    14. Wholesale services in relation to: Machines for physical exercise, Exercise bands, indoor fitness apparatus, Exercise cycles, Exercisers (expanders), ellipticals, swivels for punching bags, Rotating push-up handles
    15. Wholesale services in relation to: Body-building apparatus for exercise purposes, bodybuilding apparatus, Body toning apparatus [exercise equipment], leg weights for athletic use, leg weights for exercising, Leg weights (sports articles), Abdominal exercise apparatus, Weight-lifting benches
    16. Wholesale services in relation to: Benches for gymnastic use, Benches for sports use, Abdomen roller wheels for fitness purposes, spring-supported punch balls, Ergometers, Multigyms, fitness bicycles, Stationary bikes.
  • The mark was filed in class 38 with Streaming of audio and video material on the internet featuring courses on physical fitness.
  • The mark was filed in class 41 with following description of goods:
    1. Sports and fitness services
    2. Educational services relating to physical fitness
    3. Training of sports players
    4. Consultancy relating to physical fitness training
    5. Aerobics training services
    6. Physical fitness consultation
    7. Physical fitness centres (Operation of -)
    8. Provision of keep fit facilities
    9. Operation of sports facilities
    10. Providing facilities for sports recreation
    11. Physical fitness centre services
    12. Fitness club services
    13. Physical fitness assessment services for training purposes
    14. Personal trainer services [fitness training]
    15. Providing health club and gymnasium services
    16. Health club services [health and fitness training]
    17. Gymnasium services relating to weight training
    18. Sporting services
    19. Sports club services
    20. Personal trainer services
    21. Training services relating to fitness
    22. Provision of educational services relating to fitness
    23. Conducting physical fitness conditioning classes
    24. Instruction in group exercise
    25. Conducting fitness classes
    26. Provision of educational services relating to exercise
    27. Instruction courses relating to physical fitness
    28. Physical training services
    29. Strength and conditioning training
    30. Health and fitness training
    31. Exercise [fitness] training services
    32. Exercise [fitness] advisory services
    33. Keep-fit instruction
    34. Instruction in circuit training
    35. Sports training
    36. Tuition in sports
    37. Sporting activities
    38. Sporting and recreational activities.