The trademark LANSERHOF FOREVER YOUNG DER GESUNDHEITSPODCAST was filed by Lanserhof GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 13, 2023, and received one opposition filed on June 5, 2023 by Forever New Clothing Pty Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GRÜNECKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 5, 2023
It was designated 'Basic Application' for International Application 1731385 at the World Intellectual Property Organization (WIPO).
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 9 with following description of goods:
Downloadable and recorded content
Scientific and laboratory devices for treatment using electricity
Podcasts
Downloadable podcasts
Scientific research and laboratory apparatus, educational apparatus and simulators
Information technology and audio-visual, multimedia and photographic devices
Measuring, detecting, monitoring and controlling devices
Navigation, guidance, tracking, targeting and map making devices
Magnets, magnetizers and demagnetizers
Optical devices, enhancers and correctors
Recorded content
Software for online messaging
Electronic magazines.
The mark was filed in class 16 with following description of goods:
Printed matter, and stationery and educational supplies
Bags and articles for packaging, wrapping and storage, of paper, cardboard or plastics
Magazines [periodicals]
Printed matter
Books
Planners [printed matter]
Paper sacks
Ball pens
Invitation cards
Appointment books
Postcards and picture postcards
Cards
Books relating to fitness and sports
Books on nutrition
Cookery books
General feature magazines
Magazines [periodicals]
Promotional publications.
The mark was filed in class 35 with following description of goods:
Retail services in relation to teas
Online retail store services relating to cosmetic and beauty products
Retail services in relation to cookware
Retail services in relation to foodstuffs
Retail services relating to food
Retail services in relation to non-alcoholic beverages
Retail services in relation to dietetic preparations
All the aforesaid services also online
Business management consultancy and advisory services
Business administration
Advice relating to the business operation of health clubs, sports medicine centres, health centres and spas
Advertising, marketing and promotional services
Promotion, advertising and marketing of on-line websites
On-line advertising and marketing services
Online advertisements
On-line advertising on a computer network
Provision of an on-line marketplace for buyers and sellers of goods and services
Production of advertising matter and commercials
Production of video recordings for advertising purposes
Production of sound recordings for advertising purposes.
The mark was filed in class 38 with following description of goods:
Electronic and telecommunication transmission services
Electronic exchange of voice, data, audio, videos, text and graphics via computer and telecommunications networks
Instant electronic messaging services
Mobile communications services
Mobile communications services
Video communication services
Audio teleconferencing
Teleconferencing services
Videoconferencing services
Web messaging
Peer-to-peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among users
Providing access to computer, electronic and online databases
Telecommunications services, namely electronic transmission of data, messages, graphics, images, audio, video and information
Providing on-line electronic bulletin board services and chat rooms
Providing access to computer databases in the field of social networking
Audio, text and video broadcasting services via computer and other communication networks
Providing online forums for communication on topics of general interest
Providing online communications links which transfer mobile device and Internet users to other local and global online locations
Providing of access to information from searchable indexes and databases of information, including texts, electronic documents, databases, graphics, electronic media, photographic images and audio visual information via computer and communication networks
Providing of access to applications, software and websites and databases in the fields of wireless communication, mobile information access, and remote data management for the wireless providing of content to portable computers, laptops and mobile electronic apparatus
Transmission of data, audio, video and multimedia files, including downloadable files and files streamed over a global computer network
Telecommunication services
Peer to peer communication
Transmission of electronic mail
Providing on-line chatrooms and electronic bulletin boards for transmission of messages amongst users
Providing online forums
Data transmission and data broadcasting
Electronic data interchange services
Transmission of information and images relating to pharmaceuticals, medicine and hygiene
Digital communications services
On-line communication services
Wireless communications services
Communication services over computer networks
Provision of on-line communications services
Communication services between data banks
Mobile telephone communication services
Provision of electronic communication links
Communication services for the electronic transmission of data
Interactive broadcasting and communications services
Communications services provided over the Internet
Communication services for the transmission of information
Communication services for the electronic transmission of data
Electronic communication by means of chatrooms, chat lines and Internet forums
Transmission of information by electronic communications networks
Communication services for the electronic transmission of images
Communication services for the electronic transmission of voices
Provision of communication facilities for the interchange of data by electronic means
Audio, video and multimedia broadcasting via the Internet and other communications networks
Communication services, namely, electronic transmission of data and documents among users of computers
Transmission of short messages [SMS], images, speech, sound, music and text communications between mobile telecommunications devices
Transmission of messages, data and content via the Internet and other communications networks
Online messaging services
Transmission of information on-line
Communication by online blogs
On-line services, namely, message sending
Providing access to multimedia content online
Transfer of information and data via online services and the Internet
Video uploading services.
The mark was filed in class 41 with following description of goods:
Training in yoga
Conducting classes in weight control
Audio and video production, and photography
Sporting and cultural activities
Provision of educational services relating to health
Coaching
Health and wellness training
Education services relating to health
Provision of educational health and fitness information
Sports and fitness services
Consultancy services relating to training
Exercise instruction
Providing sports training facilities
Health club services [health and fitness training]
Sports training
Provision of educational services relating to exercise
Provision of training courses
Tuition in physical fitness
Publishing of journals, books and handbooks in the field of medicine, including all the aforesaid services provided online
Provision of entertainment via podcast
Production of podcasts
Creation [writing] of podcasts
Creation [writing] of educational content for podcasts
Publishing podcasts
On-line publishing services
Providing online courses of instruction
Provision of online training
Provision of online tutorials
Publication of multimedia material online
Providing on-line reviews of books
Providing online electronic publications, not downloadable
Providing online videos, not downloadable
Providing on-line non-downloadable pictures
Providing on-line non-downloadable audio content
Conducting training courses relating to diet, nutrition and exercise online
Provision of information on fitness training via an online portal
Provision of information relating to physical exercises via an online web site
Provision of online information relating to audio and visual media
Conducting of training courses relating to health and fitness online
Videotape production
Film and video tape film production
Production of video recordings.
The mark was filed in class 44 with following description of goods:
Therapy services
Health resort services [medical]
Convalescent home services
Health counselling
Health assessment surveys
Health care consultancy services [medical]
Medical and healthcare services
Providing medical information in the healthcare sector
Human hygiene and beauty care
Technical consultancy services relating to medical health
Health centre services
Consultancy in the field of body and beauty care
Health clinic services [medical]
Human healthcare services
Medical services
Medical and healthcare clinics
Rental of medical and health care equipment
Health care relating to therapeutic massage
Health care relating to remedial exercise
Professional consultancy relating to health care
Health care in the nature of health maintenance organizations
Preparation of reports relating to health care matters
Medical evaluation services
Medical assistance
Medical care
Medical information, including online
Medical consultancy services, including online
Medical treatment services
Medical screening
Medical examinations
Hygienic and beauty care
Sports medicine services
Physiotherapy
Health hydro services
Physiotherapy
Electro therapy services for physiotherapy
Operation of a centre for sports and regeneration medicine
Medical counseling
Medical analysis services
Medical screening
Ambulant medical care
Providing medical information
Compilation of medical reports
Medical examination of individuals
Telemedicine services
Telemedicine services
Automated telemedicine services based solely on a software application
Consultancy and information services relating to medical products, including online
Advisory services relating to medical apparatus and instruments
Medical tele-reporting [medical services]
Rental of equipment for human healthcare
Dietary and nutritional advice
Consulting services relating to health care
Medical diagnostic services
Medical information services provided via the Internet
Medical information retrieval services
Providing information relating to medical services
Audiology services
Nutrition consultancy
Health counselling
On-line make-up consultation services
Providing information on diet, nutrition, preventive health care, exercise therapies and beauty care online
Make-up consultation services provided on-line or in-person
Providing of information relating to health topics via an online portal
Providing of information relating to the topic of a healthy lifestyle via an online portal
Providing information relating to the prevention of diseases, including all the aforesaid services provided online or by means of digital media.