The trademark EMS BODYPOWER was filed by EMS International ApS, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on April 3, 2014, and received one opposition filed on June 29, 2014 by Orvelin Bodypower AB on (a) Earlier non registered TM & right to prohibit use of later TM under national law, (b) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by Bjerkén Hynell Kommanditbolag and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 29, 2014
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on May 11, 2017. Appointment and Replacement of representative of the trademark registration was recorded on May 8, 2018. A transfer of the trademark registration was recorded on May 27, 2018. Counterclaims for revocation or for a declaration of invalidity of the trademark registration was recorded on November 14, 2019. Entry of mentions of the trademark registration was recorded on March 5, 2020. Decisions on counterclaims for revocation or for a declaration of invalidity of the trademark registration was recorded on September 23, 2020.
The Opposition with reference B 002372459 was rejected according to Article 8(4) CTMR with decision issued on May 28, 2015 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Customer club services, for commercial, promotional and/or advertising purposes
Customer loyalty services for commercial, promotional and/or advertising purposes
Loyalty card services
Loyalty scheme services
Management of customer loyalty, incentive or promotional schemes
Organisation and management of business incentive and loyalty schemes
Organisation, operation and supervision of an incentive scheme
Organisation, operation and supervision of customer loyalty schemes
Organisation, operation and supervision of loyalty schemes and incentive schemes
Demonstration of goods
Demonstration of goods for promotional purposes
Organisation and conducting of product presentations
Advisory services relating to publicity for franchisees
Advisory services relating to sales promotion
Assistance in franchised commercial business management
Assistance in business management within the framework of a franchise contract
Provision of assistance [business] in the operation of franchises
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Administration of the business affairs of franchises
Business management
Management assistance
Management and operation assistance to commercial businesses.
The mark was filed in class 41 with following description of goods:
Academies [education]
Advisory services relating to training
Advisory services relating to education
Conducting classes in exercise
Conducting classes in weight control
Conducting classes in weight reduction
Conducting classes in nutrition
Conducting instructional courses
Conducting courses, seminars and workshops
Consultancy services relating to the education and training of management and of personnel
Consultancy services relating to the training of employees
Consultancy services relating to training
Demonstration [for instructional purposes]
Education in movement awareness
Education in the field of data processing
Educational establishments providing courses of instruction (Services of -)
Educational examination
Educational institute services
Educational instruction
Educational seminars
Educational services relating to sports
Educational testing
Exercise [fitness] training services
Exercise classes
Exercise instruction
Information relating to sports education
Information relating to education, provided on-line from a computer database or the internet
Institutes of education (Services provided by -)
Instruction courses related to slimming
Instruction courses relating to health
Instruction courses relating to physical fitness
Instruction courses relating to sporting activities
Instruction in circuit training
Instruction in weight training
Instruction services relating to sports
Management education services
Management of education services
Management training consultancy services
Organisation of examinations [educational]
Organisation of teaching activities
Personal development training
Personal trainer services
Personnel training
Physical education
Physical education facilities (Provision of -)
Physical education instruction
Physical fitness centre services
Physical fitness consultation
Physical fitness instruction
Physical fitness instruction for adults and children
Physical training services
Physical-education services
Production of course material distributed at management courses
Production of course material distributed at professional courses
Professional consultancy relating to education
Professional training services
Provision of courses of instruction relating to sport
Provision of educational services relating to health
Provision of exercise facilities
Provision of facilities for education
Provision of gymnasium facilities
Provision of information relating to training
Provision of instruction relating to exercise
Provision of training services for business
Services for the provision of exercise
Setting of educational standards
Teacher training services
Training in business management
Training in business skills
Training of sports players
Training of teachers
Training services relating to fitness
Workshops for educational purposes
Workshops for training purposes
Workshops (Arranging and conducting of -) [training]
Advisory services relating to the organisation of sporting events
Aerobics training services
Booking of exercise facilities
Booking of sports facilities
Coaching [training]
Coaching services for sporting activities
Conducting fitness classes
Gym activity classes
Gymnasium club services
Gymnasium services relating to body building
Gymnasium services relating to weight training
Health club services [health and fitness training]
Organising of sporting activities and of sporting competitions
Providing facilities for sporting events, sports and athletic competitions and awards programmes
Providing facilities for sports events
Providing facilities for sports recreation
Providing facilities for sports tournaments
Providing fitness and exercise facilities
Providing health club and gymnasium services
Providing sports facilities
Providing sports training facilities
Provision of information relating to sports
Provision of keep fit facilities
Provision of sporting club facilities
Rental of sports equipment, except vehicles
Sports club services
Sports coaching
Sports officiating
Sports tuition, coaching and instruction
Supervision of physical exercise
Entertainment, education and instruction services
Entertainment, sporting and cultural activities
Sporting and cultural activities
Tutoring.
The mark was filed in class 44 with following description of goods: