The trademark NIXXSPORTS was filed by Dexamed, bvba, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on August 22, 2018, and received one opposition filed on November 22, 2018 by J.J. BALLVE SPORTS, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2018
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Orthopedic and mobility aids
Bandages, elastic
Body limb compression sleeves
Body limb compression sleeves for athletic use
Tubular elastic bandages for supporting limbs and joints
Bandages, elastic
Suspensory bandages for joints
Elbow and ankle braces for medical purposes
Orthopedic ties for joints
Knee bandages
Medical knee braces
Corsets for medical purposes and for therapeutic use
Lumbar belts
Orthopaedic bindings, bandages and belts
Orthopaedic stockings and knee bandages
Prostheses and artificial implants and limbs
Protective gloves for medical use
Protective clothing for medical purposes
Medical support hosiery
Compression garments
Compression panty hose
Pressurised suits for medical use
Belts for medical purposes
Corsetry for surgical purposes
Corsets for curative purposes
Medical stockings with decreasing compression, Medical hosiery
Stockings for prophylactic purposes
Stockings for therapeutic purposes
Medical compression stockings
Medical support tights
Gloves for medical purposes
Support clothing for medical purposes
Post-operative pressure clothing
Socks for diabetics
Compression panty hose
Graduated compression hosiery
Support socks to prevent deep vein thrombosis
Medical compression tights
Compression socks for medical or therapeutic use
Therapeutic hosiery
Therapeutic garments for people
Maternity support belts for medical purposes
Corrective compression clothing for supporting or restricting movement.
The mark was filed in class 25 with following description of goods:
Clothing
Arm warmers
Bed socks
Leg warmers and wraps
Teddies (underclothing) and body warmers
Hosiery
Foundation garments
Corselets
Ankle socks and warmers
Fleece jackets, tops and jumpers
Functional underwear
Knitted underwear, gloves, jackets (clothing), clothing, items of clothing, polo shorts, tops and vests
Stuff jackets [clothing]
Woven shirts and clothing
Gloves [clothing]
Muffs for the hands
Jogging bottoms and tracksuits
Jogging tops
Camisoles
Knee-length and compression socks
None of the aforesaid goods being clothing for sports people.