The trademark RUBIA was filed by TEK4LIFE MED LDA., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on March 10, 2021, and received one opposition filed on May 10, 2021 by LABORATORIOS RUBIO, S.A. on Likelihood of confusion. the opponent was represented by Ochoa Blanco-Recio, Juan Carlos Vicente and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2021
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2073/2022-4 was Application partially rejected according to Article 8(1)(b) EUTMR with decision issued on July 19, 2023 by the EUIPO. The Opposition with reference B 003146511 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Temperature indicators
Instruments for temperature control
Temperature logging apparatus
Thermostats
Temperature measuring instruments
Temperature control apparatus [thermostats]
Gauges for discomfort index
Measures
Ph meters
Heating meters
Protective masks
Protective and safety equipment
Disposable gloves for laboratory use
Weighing scales for medical use
Microscopes for medical use
Thermometers, not for medical purposes.
The mark was filed in class 10 with following description of goods:
Thermometers for medical purposes
Temperature sensors for medical use
Electronic temperature monitors for medical use
Electronic temperature recorders for medical use
Skin temperature indicators for medical use
Temperature measuring instruments for medical use
Temperature sensing apparatus for medical use
Cholesterol meters
Masks for use by medical personnel
Laryngeal masks
Surgical masks
Tools for medical diagnostics
Medical gowns
Spirometers [medical apparatus]
Medical instrument stands
Medical instrument cabinets
Medical instrument tables
Physical exercise apparatus for medical purposes
Electrodes for use with medical apparatus
Medical apparatus for the relief of pain
Body rehabilitation apparatus for medical purposes
Medical apparatus for training breathing techniques
Disposable speculums
Disposable teats
Manometers for medical use
Medical ventilators
Basins for medical purposes
Cupping glasses
Elbow guards for medical purposes
Medical hosiery
Knee supports for medical use
Eye shields for medical use
Lighting for medical use
Boots for medical purposes
Spittoons for medical purposes
Corsets for medical purposes
Ozonizers [ozonators] for medical use
Warmers for medical use
Electrodes for medical use
Skinfold calipers for medical purposes
Walking sticks for medical purposes
Face masks for medical use
Ultrasonic probes for medical use
Sheets [drapes] for medical use
Furniture especially made for medical purposes
Incentive spirometers for medical use
Electronic stimulator for medical use
Urinals for medical purposes [vessels]
Medical elbow braces
Medical knee braces
Face shields for medical use
Ultraviolet ray lamps for medical purposes
Physiological apparatus for medical use
Abdominal belts [for medical purposes]
Tonometers for measuring [medical purposes]
Digital thermometers for medical purposes
Electronic thermometers for medical use
Medical isolation gowns
Luer tapers for medical use
Air beds for medical purposes
Sanitary masks for medical purposes
Nail pinches for medical use
Oxygen monitors for medical use
Shoulder supports for medical use
Armchairs for medical or dental purposes
Air pillows for medical purposes
Air cushions for medical purposes
Protective visors for medical use
Vacuum probes for medical use
Orthopaedic footwear
Orthotic inserts for footwear
Orthopaedic belts
Physical therapy equipment
Physiotherapy and rehabilitation equipment
Electronic stimulation apparatus for physiotherapy
Step-up machines for use in physiotherapy
Apparatus for medical rehabilitation
Exercising apparatus for medical rehabilitative purposes
Apparatus for use in toning muscles for medical rehabilitation.