The trademark LIFE EVAC was filed by SC International Limited, 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 May 19, 2020, and received one opposition filed on August 19, 2020 by Evac+Chair International Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FORRESTERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 19, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003129100 was refused according to Article 8(1)(b) EUTMR with decision issued on December 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Surgical and medical instruments and apparatus
Apparatus for use as mobility aids for the disabled
Mobility aids for the disabled
Patient handling apparatus
Mobility aids
Orthopaedic and mobility aids
Medical evacuation chairs
Patient lifting apparatus
Intensive care patient transporting apparatus
Aeromedical patient transporting apparatus
Neonatal patient transporting apparatus
Paediatric patient transporting apparatus
Patient lifting and transferring apparatus
Patient carrying apparatus
Carrying chairs for patients
Stretchers
Medical stretchers
Stretchers, wheeled
Stretchers for patient transport
Patient litters in the nature of stretchers
Retaining belts for restraining patients on stretchers
Emergency evacuation chairs adapted for patients
Patient examination tables
Ambulance stretchers
Emergency stretchers
Devices especially adapted for securing patient handling apparatus to a vehicle
Stretcher mattresses
Cushions and pillows for medical purposes
Pads for seats for wheelchairs [for medical use]
Patient immobilising apparatus
Patient safety apparatus, namely, safety harnesses and restraints for use with patient carrying apparatus, patient lifting apparatus, patient handling apparatus and patient transporting apparatus, all included in class 10
Apparatus to assist patients into and out of baths
Stairway evacuation chairs, being medical emergency evacuation apparatus
Parts and fittings for the aforesaid goods
Patient hoists
Patient safety restraints
Patient lifting hoists
Patient positioning tools
Medical patient treatment chairs
Patient monitoring sensors and alarms
Slings for patient lifting hoists
Assist poles for lifting patients
Apparatus for the turning of patients
Hospital beds for use by burn patients
Patient moving device, namely, a low friction pad for sliding patients to or from a stretcher and bed.