The trademark kPlex was filed by AESV S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on June 4, 2020, and received one opposition filed on August 12, 2020 by SQI DIAGNOSTICS SYSTEMS INC. on Likelihood of confusion. the opponent was represented by PRINZ & PARTNER MBB PATENT- UND RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 12, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on March 30, 2021.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medical and veterinary preparations and articles
Sanitary preparations for medical purposes
Cleaners [preparations] for sterilising surgical instruments
Antiseptics
Disinfectants
Sanitizing wipes
Diagnostic preparations
Pregnancy (Chemical preparations for the diagnosis of -)
Chemical preparations for testing blood for medical purposes
Chemical preparations for use in dna analysis [medical]
Diagnostic chemical reagents for medical use
Chemical test reagents [medical]
Diagnostic agents for pharmaceutical use
Indicators for medical diagnosis
Cultures for medical use
Reagents for analytical purposes [for medical purposes]
Test strips for measuring blood glucose levels
Reagents for use with analyzers [for medical purposes]
Reagents for use in diagnostic tests [for medical purposes]
Hygienic preparations and articles
Dental preparations and articles
Dietary supplements and dietetic preparations.
The mark was filed in class 9 with following description of goods:
Recorded content
Information technology and audiovisual equipment
Measuring, detecting and monitoring instruments, indicators and controllers
Computer software for use in remote meter monitoring
Computer software for communicating purposes between microcomputers
Computer software for time control
Communications equipment
Speech recognition apparatus
Measuring, counting, alignment and calibrating instruments
Checking (supervision) apparatus and instruments
Sensors and detectors
Testing and quality control devices
Monitoring instruments
Chemistry apparatus and instruments
Microscopes
Petri dishes
Pipettes
Wireless local area network devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Signalling apparatus
Alarms and warning equipment
All of the aforesaid exclusively in the healthcare and medical sector.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Apparatus for medical cell sampling
Wrist braces for medical use
Automated blood collection instruments
Automated analyzers for body fluids [for medical use]
Apparatus for taking blood
Bags for collecting body fluids
Blood collection tubes for medical use
Disposable syringes
Disposable needles for hypodermic syringes
Electrodes for medical use
Electrodes for use with medical apparatus
Electrodes for picking up electrophysiological parameters
Electrodes for picking up biological parameters
Body-fat monitors
Clinical thermometers
Laser instruments for medical use
Patient monitoring sensors and alarms
Pipetting instruments for medical use
Pumps for medical use in the extraction of vapour
Pumps for medical use in the extraction of liquids
Urinals for medical purposes [vessels]
Dental equipment
Apparatus for analysing measured physical signals
Analysers for medical use
Blood testing apparatus
Apparatus for the diagnosis of cardiovascular diseases
Apparatus for the diagnosis of neurological diseases
Apparatus for the diagnosis of cerebrovascular diseases
Apparatus for the diagnosis of inflammatory diseases
Apparatus for analysing alcohol in breath fluids [for medical use]
Apparatus for analysing alcohol in body fluids [for medical use]
Apparatus for measuring lung function
Apparatus for use in testing hearing disorders
Apparatus for analysing brain wave frequencies
Apparatus for carrying-out diagnostic tests for medical purposes
Respiratory monitors [medical]
Automatic analyzers for medical diagnosis
Sphygmomanometers
Meters for measuring blood glucose
Chromatographic instruments for medical use
Diagnostic apparatus for pregnancy testing
Diagnostic apparatus for medical purposes
Diagnostic instruments for ophthalmology
Electrophysiology diagnostic catheters
Diagnostic test kits for the detection of haemoglobin in faeces
Diagnostic testing instruments for use in immunoassay procedure [medical]
Digital thermometers for medical purposes
Apparatus for analysing gases [for medical use]
Apparatus for analysing substances [for medical use]
Skin temperature indicators for medical use
Heart signal monitors
Tools for medical diagnostics
Medical imaging apparatus
Medical test kits for diabetes monitoring for home use
Urine test glasses
Urine testing instruments for medical diagnostic purposes
Bracelets for medical purposes.
The mark was filed in class 35 with following description of goods:
Rental of advertising space on the internet
Business analysis, research and information services
Administrative data processing
Advertising, marketing and promotional services
Business assistance, management and administrative services
Consumer information services
Loyalty, incentive and bonus program services
Public relations services
Product demonstrations and product display services
Distribution of advertising, marketing and promotional material
Provision of advertising space, time and media
Retailing and wholesaling of pharmaceutical articles, sanitary preparations, chemical preparations for blood tests for medical purposes, and medical articles
Retailing and wholesaling of diagnostic preparations for pharmaceutical purposes, indicators for medical diagnosis, cultures for medical purposes, reagents for analysis purposes (for medical purposes), reagents for use with analysers for medical purposes, reagents for use in diagnostic tests for medical purposes, and bracelets for medical purposes
Retailing and wholesaling of audiovisual apparatus, measuring, detecting and monitoring instruments, audiovisual equipment, measuring, detecting and monitoring devices and computer software for remotely monitoring measuring apparatus
Retailing and wholesaling of checking (supervision) apparatus and instruments, and apparatus for scientific research and laboratories, teaching apparatus and simulators
Retailing and wholesaling of WLAN apparatus
Retailing and wholesaling of medical and veterinary apparatus and instruments, apparatus for taking medical samples, bracelets for medical purposes, automated bodily fluid analysers (for medical purposes)
Retailing and wholesaling of apparatus for analysing regular body signals, testing apparatus for medical purposes, blood analysis apparatus, automatic analysers for medical diagnostics and arterial blood pressure measuring apparatus, medical diagnostic apparatus
All of the aforesaid exclusively in the healthcare and medical sector.
The mark was filed in class 38 with following description of goods:
Communications by cellular phones
Providing access to electronic communications networks and electronic databases
Computer communication and Internet access
Secured data, sound and image transmission services
Provision and rental of telecommunications facilities and equipment
Providing chat lines utilising the internet
Arranging access to databases on the internet
Access to content, websites and portals
Web messaging
Live transmissions accessible via home pages on the internet [webcam]
Electrical data transmission over a global remote data processing network, including the internet
Telecommunication services
All of the aforesaid exclusively in the healthcare and medical sector.
The mark was filed in class 42 with following description of goods:
Rental of application software
Writing of computer programs for medical applications
Design services
Science and technology services
Analytical laboratory services
Measurement services
Medical and pharmacological research services
New product design
Testing, authentication and quality control
All of the aforesaid exclusively in the healthcare and medical sector.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Health advice and information services
Fitness testing
Weight control evaluation
Preparation of reports relating to health care matters