The trademark application cueStim was filed by National University of Ireland Galway (NUI Galway|), a corporation established under the laws of Ireland (the "Applicant"). Application under examination.
The application was filed in English (French was selected as the second language).
The Refusal with reference B 018246973 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 7, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for use with patients with Parkinson's disease or other similar neurological conditions namely, software for recording, analysing, reporting and managing patient's movements and gait
Downloadable mobile software and mobile applications used to measure, collect, transmit, monitor and analyse medical data
Computer application software for smartphones and mobile devices to support wellness programs
Personal electronic devices used to track gait characteristics and physical activity levels and aid in the reduction/prevention of gait disturbances and in the enhancement of activity levels
Computer application software for smartphones and mobile devices to collect transmit, monitor and analyse all aspects of the sensory electrical stimulation device operation
Wearable activity trackers
Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files
Wearable electronic devices, namely, watches, bracelets, and wristbands that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through Internet websites and other computer and electronic communication networks
Sensors for scientific use to be worn by a human to gather human biometric data
Computer application software for smartphones and mobile devices in the field of tracking gait, preventing/reducing pathological gait symptoms and/or gait disturbances.
The mark was filed in class 10 with following description of goods:
Medical apparatus for use in monitoring and treatment of symptoms for those with Parkinson's disease or other similar neurological conditions
Medical apparatus and devices for use in monitoring gait, in tracking gait characteristics and physical activity levels and in aiding in the reduction/prevention of gait disturbances and in the enhancement of activity levels and for the prevention/treatment/management of irregularities in gait and gait disturbances
Medical apparatus and devices for use in the prevention/treatment/management of irregularities in gait and gait disturbances
General wellness instruments and apparatus, namely, health monitoring devices for those with Parkinson's disease or other similar neurological conditions
General wellness instruments and apparatus, namely, health monitoring devices to track gait characteristics and physical activity levels and to aid in the reduction/prevention of gait disturbances and in the enhancement of activity levels
General wellness instruments and apparatus, namely, health monitoring devices for the prevention/treatment/management of irregularities in gait and gait disturbances.
The mark was filed in class 42 with following description of goods:
Online non-downloadable computer software for tracking medical information concerning patient's gait, gait disturbances, physical activity levels, all aspects of the sensory electrical stimulation device operation
Software-as-a-service (SAAS) featuring software for use in the acquisition, capture, processing, presentation, transmission and storage of medical and physiological data obtained from sensory electrical stimulation devices
Application service provider featuring application programming interface (API) software for use in the acquisition, capture, processing, presentation, transmission and storage of medical and physiological data obtained from sensory electrical stimulation device
Consulting services in the fields of SAAS and API software
Cloud computing featuring computer application software for mobile phones, handheld computers, desktop computers, laptop computers, namely, software for recording, analysing, reporting and managing medical data and activity.
The mark was filed in class 44 with following description of goods:
Medical services, namely, providing advice and information concerning Parkinson's disease, symptoms of Parkinson's disease and treatment of Parkinson's disease
Medical services, namely, providing advice and information concerning neurological conditions, symptoms of neurological conditions and treatment of neurological conditions
Health and wellness services, namely, providing advice and information concerning gait, gait symptoms and gait disturbances, physical activity levels, operational characteristics of the sensory electrical stimulation device as they vary from hour-to-hour, day-to-day, week-to-week, etc.