The trademark BEYOND BODY was filed by UAB "Kilo grupe", a corporation established under the laws of the Republic of Lithuania (the "Applicant"). The application was published for oppositions on August 31, 2021, and received one opposition filed on November 22, 2021 by Sony Interactive Entertainment Europe Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Boult Wade Tennant LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2021
The application was filed in Estonian, and Estonian 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:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Compact discs, DVDs and other digital recording media
Mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment, computers
Computer software platforms for marketing
Computer software, recorded
Recorded computer software for mobile devices
Recorded computer software for tablet computers
Recorded computer software for smart phones
Health monitoring software
Recorded and downloadable software for health, nutrition, diet, weight control, sports, physical fitness training and chronic diseases screening and related information
Augmented reality software for use in mobile devices for integrating electronic data with real world environments
Electronic publications, downloadable
Electronic legal publications, downloadable
Audio and audiovisual recordings
Data storage media
Pre-recorded videos
Audio books
Electronic downloadable books
E-books
None of the aforesaid being for or in relation to interactive entertainment software, computer game software, video game software, eSports, hardware for interactive games, video game hardware and computer game hardware.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Stationery and office requisites, except furniture
Adhesives for stationery or household purposes
Drawing materials and materials for artists
Paintbrushes
Instructional and teaching materials
Plastic sheets, films and bags for wrapping and packaging
Printers' type, printing blocks
Books
None of the aforesaid being for or in relation to interactive entertainment software, computer game software, video game software, eSports, hardware for interactive games, video game hardware and computer game hardware.
The mark was filed in class 41 with following description of goods:
Health education
Nutrition education
Chronic diseases education services
Dietary education services
Instruction courses relating to health
Instruction in nutrition [not medical]
Cooking instruction
Conducting training courses relating to nutrition online
Conducting training courses relating to diet online
Providing on-line educational materials, not downloadable
Tutoring
Arranging and conducting tutorials
Arranging and conducting seminars
Library services and rental of media
Providing information via the Internet in the field of sports and fitness training
None of the aforesaid being for or in relation to interactive entertainment software, computer game software, video game software, eSports, hardware for interactive games, video game hardware and computer game hardware.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Health consultancy
Nutrition consultancy
Nutritional guidance
Advisory services relating to diet
Health screening
Providing health information
Providing information via the Internet in the field of chronic diseases, health, nutrition, diet, weight loss, diet planning and lifestyle wellness
Health assessment surveys
Providing nutritional information about drinks and food for weight loss purposes
Diet planning and supervision
Planning of weight-reduction programmes
Providing weight loss program services
Supervision of weight reduction programmes
Weight management services
Weight reduction services
Providing information in the field of health, chronic diseases and diabetes via a website
Providing nutritional information about food
Providing information relating to dietary and nutritional supplements and medicines
Weight reduction diet planning and supervision
Providing a website featuring information and advice in the fields of chronic diseases, nutrition, diet, weight loss, diet planning and lifestyle wellness
Providing a website featuring blogs in the field of health, chronic diseases and nutrition
Providing a web site that features instruction materials about health, chronic diseases and nutrition.