Using the word 'Body Pump' Help

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Seller_RQKRkaIwaMg0I

Using the word 'Body Pump' Help

Hi
Wondering if anyone could shed some light on a matter of infringement.

We have had 3 of our listings removed due the the words ‘Body Pump’ being used in the description.
LesMill’s have ‘BodyPump’ trademarked, and have sent an infringement notice, which has led to the listings being removed.

Amazon have asked us to remove the words ‘Body Pump’ in the description and keywords, which we have done and appealed it, hoping this resolves the matter.

But our question is, can the words Body and Pump be used separately?, given that Les Mills have the word ‘BodyPump’ trademarked only?

Thanks in advance.

Dax

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Seller_HxgcObseSqKiG

LesMill’s have ‘BodyPump’ trademarked under Class 28 (Gymnastic and sporting articles not included in other classes; bar-bells; body-building apparatus; body training apparatus; boxing gloves; exercise bicycles and equipment; games and playthings).

And they have ‘Body Pump’ trademarked but it’s under Classes (9,41- Organisation of keep fit activities; keep fit instructions; physical education; provision of keep fit, physical education and recreation facilities)

So technically you can use ‘Body Pump’ for sporting goods, getting Seller Support to understand that is another thing.

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Seller_5xogxoILPrN4X

Body Pump used as 2 words to describe the product can be classed as “passing off” therefore an infringement

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