The trademark HIDDEN HEARING was filed by Oticon A/S, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on August 11, 2020, and received one opposition filed on November 11, 2020 by The National Association of Citizens Advice Bureaux on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 11, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 8, 2020.
The Opposition with reference B 003134729 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 11, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Cleaning preparations for hearing aids, cleaning, polishing, scouring and abrasive preparations.
The mark was filed in class 9 with Batteries for use in hearing aids.
The mark was filed in class 35 with following description of goods:
Retail store services for hearing aids, medical hearing instruments and parts of such devices
Wholesale store services for hearing aids, medical hearing instruments and parts of such devices
Advertising services in relation to hearing services and apparatus for use in testing and treating hearing disorders
Advertising services in the fields of hearing aids and hearing aid services
The bringing together, for the benefit of consumers of hearing aid goods for commercial purposes via the internet to ensure customers to conveniently view and purchase those goods
Promoting the goods and services of others
Advertising and marketing services
Cooperative advertising and marketing services by way of solicitation, customer service and providing marketing information via web sites on a global computer network
Providing consumer information relating to hearing aids and hearing aid services.
The mark was filed in class 37 with Repair and maintenance of hearing aids for the deaf, medical hearing instruments and parts and fittings of such goods.
The mark was filed in class 44 with following description of goods:
Hearing aid fitting services
Audiology services
Medical consultancy in the field of hearing aids and medical hearing instruments
Hearing tests
Medical consultancy in the field of improving hearing performance
Medical services in connection with the adjusting and altering of hearing aid systems and hearing aids
Providing hearing tests, and services relating to apparatus for use in testing and treating hearing disorders, namely, hearing aid services
Hearing aid services through a network of hearing care clinics
Providing information in the field of treatment and testing for hearing loss, hearing impairments and disorders
Providing medical and audiological information in the field of hearing aids and hearing aid services
Providing assistance with the adjustment (fitting) of the hearing aids.