The trademark jupiter was filed by Franz Harrer, a national of the Republic of Austria (the "Applicant") and H/p/cosmos sports & medical gmbh, a corporation established under the laws of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 20, 2013, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 20, 2014 by Ahlers AG on Likelihood of confusion. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and its proceedings were handled in German The second opposition filed on January 20, 2014 by Theodor Hymmen Verwaltungs GmbH on Likelihood of confusion. the opponent was represented by LOESENBECK · SPECHT · DANTZ and its proceedings were handled in German The third opposition filed on January 19, 2014 by MSC Services Corp. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on July 7, 2024.
of the trademark registration was recorded on July 7, 2024. Change of name and address of the trademark registration was recorded on September 13, 2016.
Goods And Services
The mark was filed in class 9 with following description of goods:
Ergometers and physiological power meters
Dynamometers
Wheelchair ergometers
Treadmill ergometers
Software for the documentation, visualisation, calculation and analysis of the blood lactate values and performance status of test persons/patients with integrated functions for training control and the evaluation of sports medical parameters, and for the control of ergometers
Software for the documentation, visualisation, calculation and analysis of body movements, power trend curves, velocity trend curves, angular velocities, as well as ground reaction forces and the performance status of test persons/patients with integrated functions for training control and the evaluation of sports medical parameters, and for the control of ergometers
Software for ergometric apparatus for cardio-respiratory diagnostics and cardiovascular training
Data processing apparatus
Electronic apparatus for data management for medical use
Electric/electronic apparatus for measuring reaction times and for improving reaction times
Contact mats and optical sensors in conjunction with software and optical and acoustic signals and biofeedback apparatus
Software for the documentation and control of rehabilitative and sports medical activities
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Data processing equipment and computers
Hardware and software and parts therefor, included in class 9
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carries
Digital storage media
Calculators
Electronic display boards
Remote control apparatus
Electronic publications, downloadable
Pedometers, step counters
Chip cards (cards with integrated circuits)
Smart card readers
Magnetic stripe cards and readers therefor
Electric and electronic equipment, apparatus and instruments for the registering, storage, verification and application of biometric data
Dialogue computers and installations and systems composed thereof
Electric and electronic communications and telecommunications apparatus and instruments, including installed in other objects, and software therefor
Electric and electronic equipment and apparatus for the optical and magnetic recording and processing of data relating to movement processes
Interfaces for computers
Strength-measuring apparatus, weight and pressure-measuring apparatus
Solar installations for power generation
Solar panels for production of electricity
Inverters
Electronic apparatus and instruments for control, regulation, acquisition and monitoring
Photovoltaic installations
Electric storage apparatus
Satellite navigational apparatus
Software for controlling, monitoring and analysing for all the aforesaid instruments and apparatus and for the associated peripheral devices
Interface cards, interface converters and interface data protocols for all the aforesaid instruments and apparatus, and for peripheral devices therefor
Parts, Accessories and spare parts for all the aforesaid instruments and apparatus
All the aforesaid goods not being in connection with electric and electronic controls and regulators for process automation for machines and installations composed thereof for surface finishing and coating of wood-composite boards and other boards or sheet material
All of the aforementioned goods for use in connection with fitness, performance diagnostics and rehabilitation equipment.
The mark was filed in class 10 with following description of goods:
Apparatus for measuring pulse, heart, brain and nerve functions
Walking bars (parallel bars)
Orthopaedic articles
Walking aids, Except mobile walking aids
Strain-relief apparatus with patient jackets and traction apparatus, and physical therapy apparatus for the locomotion and mobilisation of patients
Physical exercise apparatus, for medical purposes
Wheelchair trainers for orthopedic training, orthopedic rehabilitation, mobilisation and for muscle building
Cable control apparatus with weights and electronically controlled load simulation, for rehabilitation purposes
Rehabilitation apparatus
Cable control apparatus and power training equipment for physiotherapy
Medical equipment, Hydraulic arms, pneumatic arms and electromechanically operated arms for invalids
Active and passive movement apparatus for rehabilitation purposes (expander-driven or motor-operated apparatus for moving limbs)
Artificial limbs
Wheelchair ergometers
Medical treadmill ergometers and other medical ergometers for rehabilitation and ergospirometry (for exercise tolerance tests)
Fitted transport cases, boxes and racks exclusively for medical apparatus and for the associated peripheral devices
Parts, accessories and spare parts for all the aforesaid instruments and apparatus
Lactate meters
All of the aforementioned goods for use in connection with fitness, performance diagnostics and rehabilitation equipment.
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting apparatus
Treadmills, ladder apparatus (continuous ladders, climbing equipment), bicycle trainers, steppers, arm trainers, cross-trainers („full body trainer"), swimming simulation training equipment, sprint trainers (traction support and traction resistance trainers)
Gymnastic parallel bars
Games
Playthings
Gymnastic and sporting articles, not included in other classes, fitness apparatus
Electronic, mechanical, hydraulic and pneumatic power training equipment and endurance training equipment
Cable control apparatus with expanders or weights and electronically controlled load simulation, for sports and fitness purposes
Power training equipment for sports and fitness
Motion-support devices, motion-resistance devices and motion-simulation devices for sports purposes
Parts, accessories and spare parts for all the aforesaid instruments and apparatus
All of the aforementioned goods for use in connection with fitness, performance diagnostics and rehabilitation equipment.