The trademark GO FITNESS was filed by Next Level Foods GmbH, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on November 10, 2021, and received one opposition filed on January 31, 2022 by GROUPE GO SPORT on Likelihood of confusion. the opponent was represented by BIRD & BIRD LYON and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 31, 2022
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:
Dietary supplements and dietetic preparations
Food supplement preparations
Nutritional supplements
Dietary supplemental drinks
Vitamins and vitamin preparations
Nutritional supplement meal replacement bars for boosting energy
Food supplements consisting of amino acids
Amino acids for medical purposes.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear.
The mark was filed in class 30 with following description of goods:
Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla foodstuffs
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Pastry and confectionery
Waffles
Chocolate
Bread
Pastries, cakes, tarts and biscuits (cookies)
Biscuits
Sweetmeats
Candy bars and chewing gum
Cereal bars and energy bars
High-protein cereal bars
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Honey
Syrups and treacles
Sweet glazes and fillings
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Dried and fresh pastas, noodles and dumplings.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Protein drinks
Energy drinks
Non-alcoholic preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, Also provided via the Internet, in relation the following goods: Dietetic preparations and nutritional supplements, Food supplement preparations, Nutritional supplements, Beverages (dietary supplements), Vitamins and vitamin preparations, Nutritional energy bars being dietary supplements, Dietary and nutritional supplements containing amino acids, Amino acids for medical purposes, Clothing, footwear, headgear, Foodstuffs, Meat and meat derivatives, Meat spreads
Retail and wholesale services, Also provided via the Internet, in relation the following goods: Fish, not live, Seafood andmolluscs, Fish, seafood and molluscs spreads, Dairy products and substitutes therefor, Cheese, Bird eggs and egg products, Edible oils and fats, Processed fruits, fungi, Vegetables, Nuts and pulses, Jellies, Jams, compotes, Fruit and vegetable spreads, Cashew nut butter, Soups and broths, Meat extracts, Convenience food and savory snacks
Retail and wholesale services, Also provided via the Internet, in relation the following goods: Biscuits and crackers, Pierozki (dumplings), Pancakes, Pasta, Rice and cereal foodstuffs, Pâtés en croûte and pastries, Sandwiches, Pizzas, Spring rolls and seaweed rolls, Steamed rolls, Tortilla foodstuffs, Edible salt, Seasonings, spices, flavourings for beverages, Savory sauces, chutneys and pastes, Pastries and cakes, wafers, Chocolate, Bread, biscuits, cakes, Tarts and buiscuits (cookies), Biscuits, Sweetmeats, Chocolate bars and Chewing-gum
Retail and wholesale services, Also provided via the Internet, in relation the following goods: Cereal bars and energy bars, High-protein cereal bars, Sugars, natural sweeteners, sweet coatings and coverings, beekeeping products, Honey, Syrups and treacle, Glazes, icing and fillings, Ice, ice creams, frozen yogurts and sorbets, Coffee, tea, cocoa and substitutes therefor, Processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail and wholesale services, Also provided via the Internet, in relation the following goods: Dried and fresh pasta, Noodles and dumplings, drinks, Non-alcoholic drinks, Protein drinks, energy drinks, Non-alcoholic preparations for making beverages
Commercial information and advice for consumers [consumer advice shop].