The trademark myPELVI was filed by CNV 72 UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 7, 2023, and received one opposition filed on September 7, 2023 by Chiaro Technology Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2023
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 10 with following description of goods:
Medical instruments
Apparatus for the therapeutic stimulation of the muscles
Apparatus for use in toning muscles for medical rehabilitation
Computer controlled training apparatus for therapeutic use
Low frequency electric therapy apparatus
Apparatus for achieving physical fitness [for medical use]
Physiotherapy and rehabilitation equipment
Vibromassage apparatus
Massage chairs with built-in massage apparatus
Massage apparatus, electric or non-electric
Massage apparatus
Furniture adapted for medical treatment purposes.
The mark was filed in class 35 with following description of goods:
Franchising services providing business assistance
Business management
Advertising, marketing and promotional services
Business management advisory services relating to franchising
Advice relating to the business management of health clubs
Online advertisements
Administration of the business affairs of franchises
Advisory services relating to publicity for franchisees
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Retail services connected with the sale of clothing and clothing accessories
Retail services relating to food
Retail services in relation to headgear
Retail services in relation to footwear
Retail services in relation to sporting articles
Retail services in relation to dietary supplements
Retail services in relation to non-alcoholic beverages
Retail services in relation to toiletries
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]