018444380

EXERCITE

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March 31, 2021

Trademark Summary

The trademark EXERCITE was filed by Hansefit GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 20, 2021, and received one opposition filed on August 22, 2021 by EIFFAGE ENERGIE SYSTEMES - REGIONS FRANCE on Likelihood of confusion. the opponent was represented by IPSILON and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 22, 2021

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceuticals, medical and veterinary preparations
  2. Sanitary preparations for medical purposes
  3. Dietetic food and substances adapted for medical or veterinary use, food for babies
  4. Dietary supplements for human beings and animals
  5. Plasters, materials for dressings
  6. Material for stopping teeth, dental wax
  7. Disinfectants
  8. Dietary supplements and dietetic preparations
  9. Food supplements for sportsmen
  10. Hygienic preparations and articles
  11. Powdered fruit-flavored dietary supplement drink mix
  12. Effervescent vitamin tablets
  13. Vitamin tablets
  14. Preparations for supplementing the body with essential vitamins and microelements
  15. Dietary supplements consisting primarily of magnesium
  16. First-aid boxes, filled
  17. Fitness and endurance supplements
  18. Multi-vitamin preparations.
• The mark was filed in class 9 with following description of goods:
  
  1. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  2. Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  3. Recorded and downloadable media, computer software, blank digital or analogue recording and storage media for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  4. Coin-operated mechanisms for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  5. Cash registers, calculating machines for the use in the fields of sports, fitness, lifestyle, leisture and personal wellbeing
  6. Computers and computer peripherals for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  7. Diving suits, Divers' masks, ear plugs for diving, Nose clips for divers and swimmers, Gloves for divers, Breathing apparatus for underwater swimming
  8. Fire extinguishers
  9. Software, related to sports, fitness, lifestyle, leisure and personal wellbeing
  10. Mobile apps for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  11. Downloadable application software for smart phones for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  12. Computer software applications for use with mobile devices, namely as social media and for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  13. Fitness apps
  14. Lifestyle apps
  15. Wellness apps
  16. Electronic sports training simulators [computer hardware and software-based teaching apparatus]
  17. Sports training simulators
  18. DVDs
  19. Prerecorded fitness DVDs
  20. Connected bracelets [measuring instruments] for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  21. Audio recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
  22. Video recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
  23. Audio visual recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
  24. Compact discs
  25. Data-processing equipment and computers, In particular magnetic recording media, Memory components for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  26. Storage, memory, flash- or smart cards, for the following purposes, Data recordings, storing of data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  27. Pedometers
  28. Multi-media recordings related to sports, fitness, lifestyle, leisure and personal wellbeing
  29. Electronic publications, downloadable
  30. Publications downloadable from the Internet
  31. Encoded cards
  32. Encoded cards for use in point of sale transactions
  33. Cards bearing electronically recorded data for the use in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  34. Cash cards [magnetic]
  35. Integrated circuit cards [smart cards]
  36. Security tokens [encryption devices]
  37. Electronic chip cards
  38. Spectacles
  39. Goggles for sports
  40. Sunglasses.
• The mark was filed in class 16 with following description of goods:
  
  1. Printed matter, and stationery and educational supplies
  2. Paper and cardboard
  3. Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
  4. Works of art and figurines of paper and cardboard, and architects' models
  5. Decoration and art materials and media
  6. Filtering materials of paper
  7. Printed matter
  8. Teaching materials, in class 16.
• The mark was filed in class 18 with following description of goods:
  
  1. Luggage, bags, wallets and other carriers
  2. Umbrellas and parasols
  3. Saddlery, whips and apparel for animals
  4. Walking sticks
  5. Travel baggage
  6. Bags
  7. Bags for sports
  8. Bags
  9. Rucksacks
  10. Beach bags
  11. Roller bags
  12. Toiletry bags
  13. All-purpose athletic bags
  14. Cosmetic purses
  15. Gym bags
  16. Key cases
  17. Shoe bags
  18. Straps for luggage
  19. Purses
  20. Umbrellas
  21. Key cases.
• The mark was filed in class 21 with following description of goods:
  
  1. Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
  2. Unworked and semi-worked glass, not specified for use
  3. Tableware, cookware and containers
  4. Cosmetic, hygiene and beauty care utensils
  5. Coupes
  6. Drinking bottles
  7. Drinking bottles for sports.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing
  2. Headgear
  3. Footwear
  4. Parts of clothing, footwear and headgear
  5. Sportswear
  6. Tee-shirts
  7. Sweat shirts
  8. Casual shirts
  9. Trousers
  10. Short trousers
  11. Sports pants
  12. Gym suits
  13. Bathing suits
  14. Sports jerseys
  15. Caps being headwear
  16. Hats
  17. Visor caps
  18. Sweatbands
  19. Clothing for gymnastics
  20. Socks
  21. Stockings
  22. Sports socks
  23. Yoga tops
  24. Yoga trousers
  25. Headscarves
  26. Hooded pullovers
  27. Gloves [clothing]
  28. Fingerless gloves
  29. Sneakers
  30. Training shoes
  31. Sports shoes.
• The mark was filed in class 27 with following description of goods:
  
  1. Floor coverings and artificial ground coverings
  2. Wall and ceiling coverings
  3. Floor coverings [mats] for use in sporting activities
  4. Imitation turf for use in covering surfaces for sports purposes
  5. Floor coverings [mats] being sheet materials for use in sporting activities
  6. Yoga mats
  7. Gymnastic mats.
• The mark was filed in class 28 with following description of goods:
  
  1. Games, toys and playthings
  2. Video game apparatus
  3. Gymnastic and sporting articles
  4. Decorations for Christmas trees
  5. Games
  6. Games for use relating to the following goods, TV apparatus, Video scanners, Visual display, computer
  7. Portable games and toys incorporating telecommunication functions
  8. Appliances for gymnastics
  9. Sporting articles
  10. Sports equipment
  11. Body training apparatus [exercise]
  12. Machines incorporating weights for use in physical exercise
  13. Sportballs
  14. Sports games
  15. Rackets
  16. Exercise bands
  17. Machines for physical exercises
  18. Indoor fitness apparatus
  19. Apparatus for achieving physical fitness [for non-medical use].
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and artificial coffee
  2. Rice, pasta and noodles
  3. Tapioca and sago
  4. Flour and preparations made from cereals
  5. Bread, pastry and confectionery
  6. Chocolate
  7. Ice cream, sorbets and other kinds of edible ices
  8. Sugar, honey, treacle
  9. Yeast, baking-powder
  10. Salt, condiments, spices, preserved herbs
  11. Vinegar, sauces and other condiments
  12. Ice [frozen water]
  13. Muesli bars
  14. Energy bars
  15. Cereal-based snack food
  16. Candy bars
  17. Fruit gums [other than for medical use]
  18. Biscuits
  19. Candy
  20. Preparations of cereals, namely, cereal energy bars
  21. Rice-based snack food
  22. Bars and preparations based on wheat.
• The mark was filed in class 32 with following description of goods:
  
  1. Beer
  2. Non-alcoholic drinks, mineral and aerated water
  3. Fruit beverages and fruit juices
  4. Syrups and other non-alcoholic preparations for making beverages
  5. Mineral and aerated waters and other non-alcoholic beverages
  6. Fruit drinks
  7. Juices
  8. Syrups and other preparations for making beverages
  9. Isotonic beverages
  10. Sports drinks
  11. Sports drinks containing electrolytes
  12. Protein-enriched sports beverages
  13. Syrups, Preparations, Essences, For the following purposes, making non-alcoholic beverages, Except essential oils
  14. Beverages, For the following purposes, quenching the thirst in liquid, powder or concentrated form, Preparations for making beverages.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising, marketing, promotion in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  2. Provision of business assistance, Commercial consumer information in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  3. Business assistance, management and administrative services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  4. Advertising (including sponsoring and merchandising), marketing, In particular by means of customer loyalty and bonus schemes in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  5. Development, coordination and management of customer loyalty and bonus schemes
  6. Issuing of data carriers for registering customer loyalty and bonus transactions, in particular customer cards and bonus cards
  7. Customer research and customer support through customer loyalty and bonus schemes in relation to sports, fitness, lifestlye, leisure and personal wellbeing
  8. Promotion services, Other activities, for the following purposes, Sales promotion by creating and providing customer loyalty and bonus schemes, including the issuing of customer cards (bonus schemes) in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  9. Business management of sporting clubs
  10. Retail services, Wholesaling services, in relation the following goods, Sporting goods
  11. Promotion of goods and services through sponsorship of sports events
  12. Advertising for others in the fields of sports, fitness, lifestyle, leisure and personal wellbeing
  13. Procurement of contracts [for others] in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  14. Arranging of contracts, for others, for the providing of services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  15. Business management of sporting facilities [for others]
  16. Business management and organization consultancy in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  17. Business management consultancy related to sports, fitness, lifestyle, leisure and personal wellbeing.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunication services in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  2. Providing access to multimedia content online in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  3. Audio, video and multimedia broadcasting via the Internet and other communications networks in relation to sports, fitness, lifestyle, leisure and personal wellbeing
  4. Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network in relation to sports, fitness, lifestyle, leisure and personal wellbeing.
• The mark was filed in class 41 with following description of goods:
  
  1. Educational instruction
  2. Training
  3. Entertainment services
  4. Sporting and cultural activities
  5. Sports training
  6. Sports coaching
  7. Exercise [fitness] training services
  8. Exercise [fitness] advisory services
  9. Health and fitness training
  10. Conducting of sporting and cultural activities
  11. Conducting fitness classes
  12. Provision of instruction relating to exercise
  13. Instruction in group exercise
  14. Provision of training courses
  15. Provision of instruction relating to nutrition
  16. Provision of facilities for dancing
  17. Provision of training courses
  18. Training in yoga
  19. Provision of educational services relating to health
  20. Provision of gymnastic instruction
  21. Provision of information relating to physical training via an online web site
  22. Conducting training sessions on physical fitness online
  23. Education services relating to meditation
  24. Entertainment services provided by on-line streams
  25. Education services relating to meditation
  26. Providing recreation facilities
  27. Aerial fitness instruction
  28. Information relating to sports education
  29. Provision of courses of instruction relating to sport
  30. Advisory services relating to the organisation of sporting events
  31. Providing online videos, not downloadable
  32. Providing online music, not downloadable
  33. Distance learning services provided online
  34. Provision of multimedia entertainment programs by television, broadband, wireless and on-line services.
• The mark was filed in class 44 with following description of goods:
  
  1. Medical services
  2. Animal healthcare services
  3. Hygienic and beauty care for human beings or animals
  4. Services in the field of agriculture, aquaculture, horticulture and forestry
  5. Dietetic advisory services
  6. Medical services
  7. Beauty care
  8. Advisory and information services in relation to health, hygiene, diet, slimming and beauty
  9. Counselling services, providing information, in relation to the following fields, Wellness services for beauty care, Spas for well-being, Relaxation massages in spas
  10. Providing on-line information relating to the prevention of cardiovascular disease and strokes.