The trademark was filed by Fiture (Hong Kong) Limited, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 1, 2021, and received one opposition filed on November 30, 2021 by Fitness First Germany GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by OSBORNE CLARKE (HAMBURG) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Interactive touch screen terminals
Downloadable software applications for mobile phones
Electronic publications, downloadable
Downloadable music files
Downloadable image files
Scales with body mass analysers
Bathroom scales
Protective helmets for sports
Cases for mobile phones
Headphones.
The mark was filed in class 25 with following description of goods:
Sports clothing
Sports shoes
Sports singlets
Sports vests
Sports caps and hats
Sweat suits
Athletic tights
Sweat-absorbent stockings
Headbands against sweating
Gloves.
The mark was filed in class 27 with following description of goods:
Yoga mats
Gymnasium mats
Gymnastic mats
Wrestling mats
Carpets
Door mats
Mats
Bath mats.
The mark was filed in class 28 with following description of goods:
Yoga blocks
Yoga straps
Body-training apparatus
Machines for physical exercises
Dumb-bells
Bar-bells
Skipping ropes
Exercise pulleys
Weight lifting machines for exercise
Body-building apparatus.
The mark was filed in class 41 with following description of goods:
Personal trainer services [fitness training]
Conducting fitness classes
Physical education
Organization of competitions [education or entertainment]
Organization of sports competitions
Movie studio services
Recording studio services
Production of radio and television programmes
Providing sports facilities
Health club services [health and fitness training].