The trademark Mental Transformer was filed by Sterzenbach GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 3, 2017, and received one opposition filed on October 2, 2017 by Hasbro, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 2, 2017
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 Nutritional supplements.
The mark was filed in class 9 with following description of goods:
Talking books
DVDs
Pre-recorded DVDs
Prerecorded exercise DVDs
Prerecorded fitness DVDs
Audio compact discs
Blank optical discs
Pre-recorded compact discs
All the aforesaid limited to coaching, motivation training, personal training, consultancy relating to the prevention of psychological and psychical disorders and the rehabilitation thereof, consultancy relating to mental and psychical health and fitness.
The mark was filed in class 16 with following description of goods:
Books
Printed publications
All the aforesaid limited to coaching, motivation training, personal training, consultancy relating to the prevention of psychological and psychical disorders and the rehabilitation thereof, consultancy relating to mental and psychical health and fitness.
The mark was filed in class 25 with Clothing.
The mark was filed in class 28 with Sporting articles and equipment.
The mark was filed in class 41 with following description of goods:
Publishing by electronic means
Publication of texts in the form of electronic media
Publication of printed matter
Publication of printed matter, other than publicity texts, in electronic form
Publication of printed matter, also in electronic form, except for advertising purposes
Provision of training courses
Provision of training courses
Conducting fitness classes
Tuition in physical fitness
Educational instruction
Tuition in sports
Exercise [fitness] advisory services
Publication of audio books
DVD and CD-ROM film production
Video and DVD film production
Conducting courses, seminars and workshops
Arranging, conducting and organisation of seminars
Conducting workshops and seminars in self awareness
Arranging and conducting of seminars and workshops
Conducting workshops and seminars in self awareness
Providing on-line publications
On-line publishing services
Provision of online training
Provision of information relating to physical training via an online web site
Publication of printed matter
Arranging and conducting of lectures
Lecture services relating to management skills
Provision of training courses
Keep fit instruction services
Provision of educational services relating to health
Training services relating to fitness
Provision of skill assessment courses
Personal development training
Conducting instructional courses
Consultancy services relating to training
Provision of information relating to training
Providing sports training facilities
Exercise [fitness] training services
Tuition in physical fitness
Provision of educational services relating to exercise
All the aforesaid limited to coaching, motivation training, personal training, consultancy relating to the prevention of psychological and psychical disorders and the rehabilitation thereof, consultancy relating to mental and psychical health and fitness.
The mark was filed in class 44 with Psychological counseling and Psychological counseling services in the field of sports..