The trademark was filed by Microsynetics GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 2, 2020, and received one opposition filed on December 2, 2020 by Twitter, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOGAN LOVELLS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Multifunctional electronic apparatus for recording, storing, displaying, editing and processing and transmitting information, in particular relating to health, including time, date, heart rate and location information
Apparatus adapted for use in locating and finding persons
Selection and transmission apparatus for the transmission of messages or signals via communication networks and accessories therefor, namely mobile alarm transmitters
Digital diallers
Broadcasting apparatus, Transmission and receiving apparatus for telecommunications
Apparatus and equipment for remote data and signal transmission
Community alarms
Portable emergency intercoms
Smart bracelets
Application software for use on mobile phones, tablets and other electronic mobile devices
All of the afore-mentioned goods for use in relation to health and/or medicine.
The mark was filed in class 38 with following description of goods:
Telephone services
Telephone exchange services
Paging services [radio, telephone or other means of electronic communication]
Cabling, routing and connection services for telecommuications
Information about telecommunication
Providing access to a telephone hotline
Hotline telephone services
Telephone service centre services, namely receiving, coordinating and initiating emergency aid measures
All of the afore-mentioned services in relation to health and/or medicine.
The mark was filed in class 42 with Design and development of computer hardware and software in relation to health and/or medicine and Design and implementation of software solutions for emergency equipment and tracking systems..
The mark was filed in class 44 with following description of goods:
Medical care for individuals provided via telecommunications and global computer networks by means of portable medical devices provided with an automatic emergency and/or surveillance function
Emergency call switchboard services
Life-saving for persons involved in accidents
Services in the field of health and geriatric care.
The mark was filed in class 45 with Emergency monitoring services, namely monitoring of emergency call apparatus via remote monitoring and notification to others and Electronic positioning, tracking and monitoring for security purposes, including for recovering missing persons..