The trademark FIT ENERGY was filed by FREEWAY MEDIA PRESS LTD, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on February 20, 2000, and received one opposition filed on May 18, 2000 by Baudecroux, Jean-Paul on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 18, 2000
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0466/2002-1 was Proceedings terminated according to Article 60 CTMR with decision issued on March 9, 2003 by the EUIPO. The Opposition with reference B 000269573 was rejected according to Article 8(1)(b) CTMR with decision issued on March 27, 2002 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, photographic, cinematographic and teaching apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images
Magnetic data-carriers, recording discs
Compact discs (read-only memory), diskettes, CD-ROMs, automatic vending machines and mechanisms for coin-operated apparatus, data processing equipment and computers.
The mark was filed in class 16 with Paper, cardboard and goods made from these materials, namely,: books, magazines and periodicals, newspapers, postcards, signboards of paper or cardboard, posters, pictures, bookbinding material, photographs, stationery and adhesives (glues) for stationery or household purposes, office requisites (except furniture), sheets of paper or plastic for packaging, playing cards, printers' type, printing blocks..
The mark was filed in class 35 with following description of goods:
Advertising management
Advertising, business management
Design, production and development of all types of programs, media and advertising space.
The mark was filed in class 38 with following description of goods:
Communications by radio, telegram, telephone, television, video cable and on all magnetic and electronic media, on compact disc (read-only memory), on diskette
Transmission of information by data transmission
Press and information agencies
Communications by and/or between computers and computer terminals.
The mark was filed in class 41 with following description of goods:
Education, providing of training, entertainment, sporting and cultural activities
Publication of books, magazines and periodicals
Lending libraries
Production of shows and films
Theatrical agencies
Rental of motion pictures, sound recordings, cinema film projectors and theatre set accessories
Arranging of competitions for education or entertainment
Organization of exhibitions for cultural and educational purposes.
The mark was filed in class 42 with Computer programming, leasing access time to a computer database, temporary accommodation, scientific and industrial research, printing, news reporters services, videotaping, providing facilities for exhibitions.