The trademark insportline was filed by Roman Košťál, a national of the Czech Republic (the "Applicant") and Lenka Sonnková, a national of the Czech Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on July 20, 2023, and received one opposition filed on October 21, 2023 by Insport Nutrition Sp. z o.o. on Likelihood of confusion. the opponent was represented by ViaMarca Kancelaria Adwokacko-Patentowa and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 21, 2023
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003205200 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 19, 2024 by the EUIPO. The Appeal with reference B R2226/2024-4 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on February 25, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements for non-medical purposes
Dietary supplements for human beings
Dietary supplements in powder form
Health food supplements for persons with special dietary requirements
Mineral dietary supplements
Multi-vitamin preparations
Dietary supplement drink mixes
Powdered nutritional supplement drink mix
Food supplements
Albumin dietary supplements
Vitamin supplements
Vitamin and mineral preparations
Vitamin preparations in the nature of food supplements
Mouth cavity cleansers
Vitamin drinks
Food supplements for sportsmen
Enzyme dietary supplements
Dietary supplements for controlling cholesterol
Dietary supplements consisting of vitamins
Dietary supplements and dietetic preparations
Dietary and nutritional supplements.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to dietary supplements
Retail services in relation to dietary supplements
Retail services relating to food
Retail services in relation to sporting articles
Retail services in relation to dietetic preparations
Wholesale services in relation to dietetic preparations
Wholesale services in relation to sporting articles
Wholesale services in relation to non-alcoholic beverages
Business administration services for processing sales made on the internet
Retail services via global computer networks related to foodstuffs
Business information services provided online from a global computer network or the internet
Advertising services for the promotion of e-commerce
Trade show and commercial exhibition services
Organisation of exhibitions and trade fairs for business and promotional purposes