The trademark Shape Factory was filed by Bernhard Haudum, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 5, 2020, and received one opposition filed on June 7, 2020 by Meredith Corporation on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 2020
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 35 with following description of goods:
Advertising and marketing
Consulting services in the field of Internet marketing
On-line advertising and marketing services
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Commercial information and advice services for consumers in the field of cosmetic products.
The mark was filed in class 41 with following description of goods:
Personal trainer services
Exercise [fitness] training services
Exercise [fitness] advisory services
Keep-fit instruction
Physical fitness centre services
Health club services [health and fitness training]
Personal trainer services [fitness training]
Provision of instruction relating to exercise
Physical fitness instruction
Provision of information on fitness training via an online portal
Conducting training sessions on physical fitness online
Provision of information relating to physical training via an online web site
Coaching
Personal development training
Conducting classes in nutrition.
The mark was filed in class 44 with following description of goods:
Fitness testing
Medical testing services, namely, fitness evaluation
Nutrition and dietetic consultancy
Providing information relating to dietary and nutritional guidance.