EUTM file information

012642732

EMS BODYPOWER


February 26, 2014

Trademark Summary

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:
    1. Customer club services, for commercial, promotional and/or advertising purposes
    2. Customer loyalty services for commercial, promotional and/or advertising purposes
    3. Loyalty card services
    4. Loyalty scheme services
    5. Management of customer loyalty, incentive or promotional schemes
    6. Organisation and management of business incentive and loyalty schemes
    7. Organisation, operation and supervision of an incentive scheme
    8. Organisation, operation and supervision of customer loyalty schemes
    9. Organisation, operation and supervision of loyalty schemes and incentive schemes
    10. Demonstration of goods
    11. Demonstration of goods for promotional purposes
    12. Organisation and conducting of product presentations
    13. Advisory services relating to publicity for franchisees
    14. Advisory services relating to sales promotion
    15. Assistance in franchised commercial business management
    16. Assistance in business management within the framework of a franchise contract
    17. Provision of assistance [business] in the operation of franchises
    18. Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
    19. Administration of the business affairs of franchises
    20. Business management
    21. Management assistance
    22. Management and operation assistance to commercial businesses.
  • The mark was filed in class 41 with following description of goods:
    1. Academies [education]
    2. Advisory services relating to training
    3. Advisory services relating to education
    4. Conducting classes in exercise
    5. Conducting classes in weight control
    6. Conducting classes in weight reduction
    7. Conducting classes in nutrition
    8. Conducting instructional courses
    9. Conducting courses, seminars and workshops
    10. Consultancy services relating to the education and training of management and of personnel
    11. Consultancy services relating to the training of employees
    12. Consultancy services relating to training
    13. Demonstration [for instructional purposes]
    14. Education in movement awareness
    15. Education in the field of data processing
    16. Educational establishments providing courses of instruction (Services of -)
    17. Educational examination
    18. Educational institute services
    19. Educational instruction
    20. Educational seminars
    21. Educational services relating to sports
    22. Educational testing
    23. Exercise [fitness] training services
    24. Exercise classes
    25. Exercise instruction
    26. Information relating to sports education
    27. Information relating to education, provided on-line from a computer database or the internet
    28. Institutes of education (Services provided by -)
    29. Instruction courses related to slimming
    30. Instruction courses relating to health
    31. Instruction courses relating to physical fitness
    32. Instruction courses relating to sporting activities
    33. Instruction in circuit training
    34. Instruction in weight training
    35. Instruction services relating to sports
    36. Management education services
    37. Management of education services
    38. Management training consultancy services
    39. Organisation of examinations [educational]
    40. Organisation of teaching activities
    41. Personal development training
    42. Personal trainer services
    43. Personnel training
    44. Physical education
    45. Physical education facilities (Provision of -)
    46. Physical education instruction
    47. Physical fitness centre services
    48. Physical fitness consultation
    49. Physical fitness instruction
    50. Physical fitness instruction for adults and children
    51. Physical training services
    52. Physical-education services
    53. Production of course material distributed at management courses
    54. Production of course material distributed at professional courses
    55. Professional consultancy relating to education
    56. Professional training services
    57. Provision of courses of instruction relating to sport
    58. Provision of educational services relating to health
    59. Provision of exercise facilities
    60. Provision of facilities for education
    61. Provision of gymnasium facilities
    62. Provision of information relating to training
    63. Provision of instruction relating to exercise
    64. Provision of training services for business
    65. Services for the provision of exercise
    66. Setting of educational standards
    67. Teacher training services
    68. Training in business management
    69. Training in business skills
    70. Training of sports players
    71. Training of teachers
    72. Training services relating to fitness
    73. Workshops for educational purposes
    74. Workshops for training purposes
    75. Workshops (Arranging and conducting of -) [training]
    76. Advisory services relating to the organisation of sporting events
    77. Aerobics training services
    78. Booking of exercise facilities
    79. Booking of sports facilities
    80. Coaching [training]
    81. Coaching services for sporting activities
    82. Conducting fitness classes
    83. Gym activity classes
    84. Gymnasium club services
    85. Gymnasium services relating to body building
    86. Gymnasium services relating to weight training
    87. Health club services [health and fitness training]
    88. Organising of sporting activities and of sporting competitions
    89. Providing facilities for sporting events, sports and athletic competitions and awards programmes
    90. Providing facilities for sports events
    91. Providing facilities for sports recreation
    92. Providing facilities for sports tournaments
    93. Providing fitness and exercise facilities
    94. Providing health club and gymnasium services
    95. Providing sports facilities
    96. Providing sports training facilities
    97. Provision of information relating to sports
    98. Provision of keep fit facilities
    99. Provision of sporting club facilities
    100. Rental of sports equipment, except vehicles
    101. Sports club services
    102. Sports coaching
    103. Sports officiating
    104. Sports tuition, coaching and instruction
    105. Supervision of physical exercise
    106. Entertainment, education and instruction services
    107. Entertainment, sporting and cultural activities
    108. Sporting and cultural activities
    109. Tutoring.
  • The mark was filed in class 44 with following description of goods:
    1. Advisory services relating to diet
    2. Advisory services relating to health
    3. Consultancy services relating to slimming
    4. Consulting services relating to health care
    5. Diet planning and supervision
    6. Health centers
    7. Information services relating to health care
    8. Managed health care services
    9. Massage
    10. Providing health information
    11. Providing physical rehabilitation facilities
    12. Providing weight loss program services
    13. Provision of information relating to nutrition
    14. Weight control evaluation
    15. Weight control treatment
    16. Weight reduction services
    17. Weight-reduction programmes (Planning of -).