The trademark BIA systems was filed by BIA Systems GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 10, 2020, and received one opposition filed on November 5, 2020 by Akern Srl on Likelihood of confusion. the opponent was represented by Studio Brevetti Turini S.r.l. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 5, 2020
The application was filed in German, and German 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 June 9, 2021.
The Opposition with reference B 003134347 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Phase angle meters
Data processing software for graphic representations
Measuring apparatus
Digital measuring apparatus
Electronic meters
Measuring devices, electric
Squares for measuring
Measuring instruments
Computer software relating to the medical field
Computer software relating to the medical field
Computer hardware relating to the medical sector
Sensors
Application development software
Cloud servers
Cloud server software
All the aforesaid goods relating to the medical industry, solely based on the medical sector and use relating to the medical sector and none of the aforesaid goods in the field of or for use relating to the military, defence, security, aviation or aeronautics industries.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Diagnostic apparatus for medical purposes
Medical analytical apparatus for medical purposes.
The mark was filed in class 16 with Graphic representations.
The mark was filed in class 35 with Wholesale services in relation to medical apparatus and Wholesale services in relation to medical instruments..
The mark was filed in class 42 with following description of goods:
Computer software maintenance relating to the medical sector
Measurement services
Design, development and programming of computer software relating to the medical sector
Research and development of goods in the medical sector
Design and development of medical technology
Scientific research for medical purposes
Design and development of software used in the medical field
Software creation in the medical sector
Updating of computer software in the medical sector
Computer software consultancy relating to the medical sector
Scientific investigations for medical purposes
All the aforesaid services relating to the medical industry, solely based on the medical sector and use relating to the medical sector and none of the aforesaid services in the field of or for use relating to the military, defence, security, aviation or aeronautics industries.