The trademark INVIS was filed by Align Technology, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on April 26, 2020, and received one opposition filed on July 5, 2020 by Invis sp z o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DziubiĆska, Joanna and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 5, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on February 8, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software, namely, digital imaging software used to depict tooth and jaw movement and proposed treatment plans
Computer software for use in the fields of dentistry and orthodontia
Computer software used to provide, track and modify proposed courses of orthodontic treatment and patient data related thereto
Computer software for dental professionals for use in evaluation of individual dentition and for planning orthodontic treatments and for use in restorative dentistry, in the preparation and fitting of crowns and bridges, and in restorative dental treatment
Computer scanning software
Digital dental impression software
Computer-aided modeling software used to prepare 3D digital models of teeth and jaws
Computer software, namely, software applications for use on mobile internet devices and non-downloadable computer software used in creation of individually customized courses of dental and orthodontic treatment
Telemedicine systems consisting of computer software, computer hardware, and intra-oral scanning cameras used for dental and orthodontic digital image capture, storage, retrieval and transmission over telecommunications media
Computer workstations for processing and displaying captured dental and orthodontic images for purposes of design of orthodontic appliances and dental prosthetics and monitoring patient treatments
Computer software that provides real-time dental treatment planning by presenting it in an easy-to-understand user interface
Downloadable computer software to allow customers to upload digital dental images
Downloadable computer software for manipulating digital dental or orthodontic images uploaded by customers
Downloadable marketing outreach and consumer engagement software that enables users to upload digital images.
The mark was filed in class 10 with following description of goods:
Apparatus and instruments for use in the dental field related to orthodontic treatment and for use in restorative dentistry
Dental apparatus and instruments
Dental apparatus, namely, orthodontic appliances
Dental and orthodontic materials, apparatus, prostheses, instruments and appliances
Special containers for the storage, cleaning and transportation of orthodontic appliances
Dental attachments, retainers, pontics and prosthetic instruments for dental purposes
Orthodontic appliances and orthodontic devices and braces for use in straightening teeth and treating malocclusions
Parts and fittings for all the aforesaid goods
Orthodontic machines and instruments for dental purposes
Digital orthodontic scanning equipment (dental intra-oral cameras)
Scanning cameras for capturing dental and orthodontic images
Digital impression systems consisting of computer software and computer hardware, namely, central processing units, memory storage drive monitors and intra-oral scanners used for 3-dimensional digital image capture for use in the field of orthodontics.
The mark was filed in class 35 with following description of goods:
Retail of dental supplies
Online retail of dental supplies
Retail services for dental apparatus and instruments
Wholesale and retail services in relation to products for use in the dental field
Loyalty and rewards schemes in the dental industry.
The mark was filed in class 40 with following description of goods:
Custom manufacture of orthodontic appliances
Dental laboratories
Dental technician services.
The mark was filed in class 41 with Educational services, namely, seminars, symposiums and workshops in the field of dentistry and organization of training seminars, conferences, programs, and providing training and courses of instruction, online training, and webinars, in the fields of dentistry and orthodontia, and in the fields of business management and business development for dentists and orthodontists..
The mark was filed in class 44 with following description of goods:
Dentistry, orthodontic services
Consultation services in the fields of dentistry and orthodontia
Dental, orthodontic, periodontic, endodontic and paedodontic services and treatments
Design and creation of orthodontic treatment plans for individuals
Consulting services in the dental and orthodontic industries
Advisory services and the provision of information relating to dental and orthodontic techniques, materials and products
Advisory and consultancy services relating to orthodontics, endodontics, paedodontics, periodontics, and restorative dental treatments, including the provision of such services online via the Internet or extranets.