The trademark NOVOMEDIS was filed by Novo Klinik-Service GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 5, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on January 5, 2021 by MÉDIS - COMPANHIA PORTUGUESA DE SEGUROS DE SAÚDE, S.A. on Likelihood of confusion. the opponent was represented by GASTÃO DA CUNHA FERREIRA, LDA. and its proceedings were handled in English The second opposition filed on December 29, 2020 by Fripac-Medis GmbH Parfümerie-Import-Export, Fabrik Kosmet. Spezialitäten on Likelihood of confusion. the opponent was represented by DTS PATENT- & RECHTSANWÄLTE SCHNEKENBÜHL UND PARTNER MBB and its proceedings were handled in German
It was designated 'Basic Application' for International Application 1626434 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003138525 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 2, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Cleaning and fragrancing preparations
Body cleaning and beauty care preparations
Oral hygiene preparations.
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Medical and veterinary preparations and articles
Disinfectants and antiseptics
Medical dressings, coverings and applicators.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Medical and veterinary preparations and articles
Medical clothing
Medical furniture and bedding
Medical equipment for positioning patients
Headwear and footwear and braces and supports for medical use
Surgical and wound treating equipment
Diagnostic, examination, and monitoring equipment
Masks and equipment for artificial respiration
Medical cannulae and catheters
Medical tubing
Mirrors for medical use
Tracheal tubes
Containers (for medical use)
Mouth guards
Fastening devices and stabilisers for medical purposes
Medical aids for use in stoma care
Gloves for medical purposes
Equipment for intensive care units and for operating theatres
Medical oxygen supply products
Medical filters
Products for the introduction and removal of natural and artificial substances into and out of the body.
The mark was filed in class 44 with following description of goods: