The trademark EMS + MAKE ME SMILE. was filed by Ferton Holding S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on April 5, 2020, and received one opposition filed on July 2, 2020 by Staatsbad Bad Ems GmbH on Likelihood of confusion. the opponent was represented by Boult Wade Tennant LLP and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 2, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Chemical products for dentists and dental technicians, particularly powders and abrasive products for removing tartar and for protecting the teeth
Drugs for medical purposes
Pharmaceutical preparations
Medicines for veterinary purposes
Medicines for dental purposes
Medicines for human purposes
Veterinary preparation
Disinfectants for hygienic purposes
Sterilizing preparations
Biological preparations for medical purposes
Biological preparations for veterinary purposes
Mouthwashes for medical purposes
Salts for medical purposes
Dental abrasives
Plaque disclosing tablets and liquids.
The mark was filed in class 10 with following description of goods:
Surgical apparatus and instruments
Medical apparatus and instruments
Dental apparatus
Veterinary apparatus and instruments
Dental apparatus, electric
Galvanic therapeutic appliances
Medical apparatus, electric
Cases fitted for dental apparatus
Handpieces of dental instruments
Handpieces of surgical instruments
Handpieces of medical instruments
Nozzles of dental powder jet Instrument
Lithotripters
Shock wave devices.
The mark was filed in class 44 with Medical and hygienic services and beauty care and Dental prophylaxis services..