The trademark JATOMI X-FIT was filed by Pure Health and Fitness Sp. z o.o. w likwidacji, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on May 22, 2013, and received one opposition filed on August 12, 2013 by FitX Beteiligungs GmbH on undefined. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 12, 2013
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 4, 2013. Absolute errors of the trademark registration was recorded on September 23, 2013.
Goods And Services
The mark was filed in class 3 with following description of goods:
After-shave lotions and balms, sun-tanning preparations (except pharmaceutical sunstroke preparations), oils, milks, lotions and creams for sun-tanning (sun-tanning preparations), self-tanning creams, non-medicated preparations for care of the skin, body, face, eyes, lips, neck, breasts, hands, legs and feet, anti-wrinkle creams, non-medicated vitalising and toning lotions and creams, moisturising creams and lotions, granulated creams and creams in capsules, deodorants for personal use
Nutritional moisturising essences, massage creams, tissues impregnated with cosmetic lotions, lavender oil, skin whitening creams, nourishing creams, skin fresheners, skin tonics, skin lotions, make-up powder, foundations and fluids for the face and body.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Yoga wear
Exercise wear
Articles of sportswear
Tee-shirts
Underpants for men, sweatpants, sweatshirts
Walking shorts
Jumpers (shirt fronts)
Swimsuits
Beach clothes, belts, bibs, underwear
Sports underwear, thermal and anti-sweat underwear, jumpers
Fingerless training gloves, pyjamas, shirts, shoes
Playsuits
Socks
Vests, jerseys, scarves
Neckties
Dressing gowns
Nightgowns
Night gowns
Headbands, wristbands
Skirts
Leotards
Spats
Stockings
Tights
Athletic footwear, slippers, boots, sandals
Trench coats
Clothing for gymnastics.
The mark was filed in class 32 with Isotonic beverages, non-alcoholic beverages, mineral-water-based beverages, soda water, mineral water, mineralised water.
The mark was filed in class 35 with Rental of office machines or equipment, rental of advertising space, rental of advertising aids, rental of advertising space and advertising matter, sale of sporting articles, instructional material, articles relating to the running of fitness clubs, beauty salons and spas, retailing of alcoholic and non-alcoholic beverages, foodstuffs, electric household appliances, sound and audiovisual recordings, pharmaceutical, medical and orthopaedic goods, retailing of cosmetics and toiletries, clothing, footwear and leatherware, books, newspapers and stationery, presentation and sale of the aforesaid goods, including via the Internet, business management of real estate for others, advice relating to the business management of fitness clubs.
The mark was filed in class 36 with Leasing or rental of buildings, leasing and rental of commercial premises, arranging of leases for the rental of real estate, rental of office premises, rental of premises in a retail outlet, rental of real estate, rental of commercial premises, rental of premises and office premises, real estate management.
The mark was filed in class 38 with following description of goods:
Providing access to computer databases in the field of social networks
Providing an online forum for exchanging data and information, and for communication on topics of general interest
Providing online chat rooms and electronic bulletin boards
Providing of computerised services, including services relating to communication, namely gathering of online users for communication purposes, chatrooms, forums, creating social networks for communication purposes, providing access to advice, information and guidelines available on websites.
The mark was filed in class 41 with following description of goods:
Fitness clubs, conducting of fitness classes, training courses relating to physical exercise (fitness), consultancy relating to physical exercise (fitness), fitness clubs, health clubs, providing of sports club facilities, sports clubs, providing of premises for sports classes, rental of sports facilities, rental of motion picture projectors, rental of equipment for recreational horse riding, rental of sports equipment and equipment for sporting use, rental of sports equipment, rental of films, videotapes, DVDs, optical discs, compact discs and computer games, rental of instructional material, rental of recorded entertainment, education
Physical education
Training services related to health and fitness
Providing of swimming and recreational facilities, arranging and conducting of classes, seminars, conferences, colloquiums, demonstrations, symposiums, competitions, exhibitions, and instructor training in the fields of physical education and sport, yoga instruction, yoga philosophy, yoga theory and practice, allopathic physical systems, integration of medical and yogic systems, yoga therapy, yoga marketing services, physical fitness, meditation, self-awareness, mental training and discipline, and health, and distributing training course materials relating thereto
Dietary education services
Organization of sports competitions
Arranging of beauty contests
Vocational guidance and education, including in the field of physical education and sport
Ticket reservation services (entertainment)
Providing club recreation facilities, providing sports facilities, providing gymnasium facilities, arranging of sporting events, health club services, providing facilities and equipment for gymnastic classes, leisure centres, providing physical education facilities
Providing online information relating to sports, editorial and publication services relating to books, magazines, leaflets and printed matter relating to yoga and sports
Theatrical entertainment services
Providing information relating to all the aforesaid services, providing entertainment and recreational services via electronic means
Distribution and production of cine-films, video tapes, audio tapes, compact discs, compact disc read only memories, laser discs
Production of radio and television programmes, recording studio services
Rental of digital video discs
Lending library services, library services
Providing sports equipment in wellness and fitness centres
Gymnastic instruction
Sports camp services
Provision of information, consultancy services and advice relating to the aforesaid services.
The mark was filed in class 43 with Preparation of meals and beverages, catering, restaurants.
The mark was filed in class 44 with Medical spa services, spas, massage, saunas, Turkish baths, manicuring, solarium services, nutritional consultancy and Dietary and nutritional consultancy, physiotherapy services..
The mark was filed in class 45 with Intellectual property consultancy, licensing of intellectual property.