The trademark C.P.Sports was filed by Vitafy Sports GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 15, 2024, and received one opposition filed on April 11, 2024 by TRISTATE INTERNATIONAL SA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BUGNION S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 11, 2024
It was designated 'Basic Application' for International Application 1783670 at the World Intellectual Property Organization (WIPO).
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:
Pharmaceuticals
Veterinary preparations
Sanitary preparations for medical purposes
Nutritional supplements
DIETIC FOOD AND SUBSTANCES ADAPTED FOR MEDICAL AND VETERINARY USE
Food for babies
Vitamin preparations
Plasters, materials for dressings
Medical dressings
Dietary fibre
Dietetic beverages adapted for medical purposes
Appetite suppressants for medical purposes
Therapeutic preparations for the bath
Biological preparations for medical purposes
Albuminous preparations for medical purposes
Medicinal drinks
Herbs for medical purposes
Herbal teas for medical purposes
Food supplements of proteins, enzymes, glucose
Mineral dietary supplements
Dietetic food preparations adapted for medical use
Dietary sweeteners for medical purposes
Dietetic substances for babies
Dietetic food for invalids and small children
Amino acids for medical purposes
Medical preparations for slimming purposes
Medical preparations
Food supplements
Dietetic confectionery adapted for medical purposes
Nutraceuticals for use as a dietary supplement
Meal replacement powders
Multi-vitamin preparations
Albuminous foodstuffs for medical purposes
Food for medically restricted diets
Food for diabetics
Diet capsules
Dietary supplements consisting predominantly of minerals or vitamins
Vitamin preparations and beverages
None of the aforesaid goods being for dental or dental technology purposes
Dietary supplemental drinks.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Tee-shirts
Baseball caps
Functional underwear
Gym suits
Sportswear
Sports shoes
Clothing for gymnastics.
The mark was filed in class 28 with following description of goods:
Games
Toys
Gymnastic and sporting articles not included in other classes
Body training apparatus [exercise]
Machines for physical exercises
Weight lifting belts [sports articles]
Gloves for gymnastic and sporting purposes (included in class 28), in particular gloves for weightlifting
Sports bandages, not for medical purposes, for wrist, knee and elbow joints.
The mark was filed in class 32 with following description of goods:
Mineral water [beverages]
Aerated water
Non-alcoholic beverages
Fruit drinks
Juices
Syrups for making beverages
Preparations for making beverages
Protein-enriched sports beverages
Isotonic beverages
Aloe vera drinks
Energy drinks
Oat-based beverages, rice based drinks, Isotonic beverages, [not being milk substitutes]