The trademark was filed by Masimo Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on September 24, 2020, and received one opposition filed on December 29, 2020 by ETNIA EYEWEAR CULTURE, S.L. on Likelihood of confusion. the opponent was represented by INGENIAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 2020
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 6, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Wearable activity trackers
Personal electronic devices, namely, wearable activity trackers, cameras, computer peripheral devices, data processing apparatus, and global positioning system (gps) apparatus used to track fitness goals and statistics
Portable, handheld, and personal digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files
Wearable electronic devices, namely, wearable activity trackers, cameras, computer peripheral devices, data processing apparatus, and global positioning system (gps) apparatus in the form of bracelets, wrist bands, and clip-on monitors that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through worldwide global networks and other computer and electronic communication networks
Wearable digital electronic devices in the nature of wearable activity trackers, cameras, computer peripheral devices, data processing apparatus, and global positioning system (gps) apparatus comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files and display screens
Multifunctional electronic devices for displaying, measuring, and uploading to a worldwide computer network information including activity level, heart rate, calories burned, blood pressure, breathing, blood oxygen levels, and quality of sleep
Downloadable computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, wellness, heart rate, breathing, and blood oxygen levels
Downloadable computer software for managing information regarding tracking, compliance and motivation with a health and fitness program
Downloadable computer software to collect, analyze, manage, report and transmit patient-generated health data locally and over a network
Downloadable computer software to enable the transfer of data from in-home health devices, portable health devices, health-related mobile applications, and medical monitoring devices to medical personnel, consumer applications, and health and wellness-related programs
Downloadable computer software for the use in managing, organizing and reporting personal medical, health and wellness data collected via medical and consumer devices, mobile applications, and sensors
Downloadable computer software in the field of monitoring a person's health and wellness properties.
The mark was filed in class 10 with Medical devices and apparatus, namely, wireless patient monitors and sensors.
The mark was filed in class 42 with following description of goods:
Providing online non-downloadable computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, wellness, heart rate, breathing, and blood oxygen levels
Providing online non-downloadable computer software for managing information regarding tracking, compliance and motivation with a health and fitness program
Providing online non-downloadable computer software to collect, analyze, manage, report and transmit patient-generated health data locally and over a network
Providing online non-downloadable computer software to enable the transfer of data from in-home health devices, portable health devices, health-related mobile applications, and medical monitoring devices to medical personnel, consumer applications, and health and wellness-related programs
Providing online non-downloadable computer software for the use in managing, organizing and reporting personal medical, health and wellness data collected via medical and consumer devices, mobile applications, and sensors
Providing online non-downloadable computer software in the field of monitoring a person's health and wellness
Providing online non-downloadable computer software for tracking fitness, health and wellness goals and statistics
Providing online non-downloadable computer software for displaying, aggregating, analyzing and organizing data and information in the fields of health, wellness, fitness, physical activity, weight management, sleep, and nutrition.