Decision on Opposition No B 2 421 561 page: 2 of 7
a) The goods and services
The goods on which the opposition is based are the following:
Class 12: Vehicles; vehicles for locomotion by air, land or water.
Class 18: Leather and imitations of leather, and goods made of these materials and
not included in other classes; animal skins, hides; trunks and travelling bags;
umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 25: Clothing, footwear, headgear.
Class 28: Games and playthings; gymnastic and sporting articles not included in
other classes; decorations for Christmas trees.
The contested goods and services are the following:
Class 28: Gymnastic, fitness and sporting equipment and articles; Sports equipment;
Boxing gloves; Punch bags; Punching bags; Fitness exercise machines; Speedballs;
speed balls; Jump ropes; Jump ropes; Medicine balls; Dumb-bells.
Class 35: Advertising; Office functions; Marketing services; Sales promotion for
others; Business management; Business administration, namely professional
business consultancy and organisation consultancy; Psychological testing; Arranging
and conducting of casting events for advertising and sales promotion purposes;
Market research; Opinion polling; Media monitoring, market analysis and advertising
research, included in Class 35; Distribution of samples and demonstration of goods;
Retailing, online or catalogue mail order in the fields of: pharmacy articles, cosmetics
and household goods, goods for the health sector, goods of metal, DIY articles and
garden articles; Retailing, online or catalogue mail order in the fields of: hobby
requisites and craft supplies, electrical goods and electronic goods, sound carriers
and data carriers; Retailing, online or catalogue mail order in the fields of: vehicles
and vehicle fittings, fireworks, clocks and watches and jewellery; Retailing, online or
catalogue mail order in the fields of: musical instruments, printed matter, stationery,
office requisites; Retailing, online or catalogue mail order in the fields of: bag makers'
goods and saddlery, furnishings and decorative articles, tents, awnings, tarpaulins;
Retailing, online or catalogue mail order in the fields of: clothing, footwear and textile
goods, toys, sporting goods; Retailing, online or catalogue mail order in the fields of:
foodstuffs and beverages, agricultural products, horticultural products and forestry
products, tobacco products and other luxury foods and alcohol.
Class 38: Telecommunications; Broadcasting of television programmes, cable
television programmes, radio programmes and teleshopping programmes;
Transmission of television, radio, telecommunications and data signals via digital and
analog wireless and/or cable networks, in particular online in the form of interactive
electronic media services, and via computer; News agencies; Providing access to
databases; Leasing access time to global computer networks; Sound, image and
data transmission by cable, satellite, computer network, telephone and ISDN lines
and by other telecommunications media; Provision of discussion forums.
Class 41: Education; Providing of training; Entertainment; Sporting and recreational
activities; Cultural activities; arranging, Organisation and staging of competitions, In
particular in sport; Promotion and management of athletes and artists; Educational
examination and conducting of performance testing, in particular for sports grading in
martial arts and fitness disciplines; Performances (Presentation of live -); Television