The trademark lm was filed by LYNCMED MEDICAL TECHNOLOGY (BEIJING) CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 4, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on August 3, 2021 by LM-Instruments Oy on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Tawast, Juha and its proceedings were handled in English The second opposition filed on May 25, 2021 by Löwenstein Medical Technology S.A. on Likelihood of confusion. the opponent was represented by LS-IP LOTH & SPUHLER INTELLECTUAL PROPERTY LAW PARTNERSCHAFT VON RECHTSANWÄLTEN MBB and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003147534 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 20, 2022 by the EUIPO. The Opposition with reference B 003152065 was rejected according to Article 8(1)(a) EUTMR with decision issued on July 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Compresses
Dietetic foods adapted for medical purposes
Babies' diapers
Tonics [medicines]
Medical plasters
Depuratives
Medical dressings
Vermin destroying preparations
Protein supplements for animals
Medicines for human purposes.
The mark was filed in class 10 with following description of goods:
Orthopedic articles
Dental apparatus and instruments
Contraceptives, non-chemical
Medical apparatus and instruments
Surgical implants comprised of artificial materials
Cushions for medical purposes
Feeding bottles
Galvanic therapeutic appliances
Suture materials
Radiotherapy apparatus.
The mark was filed in class 35 with following description of goods:
Business management assistance
Business management for freelance service providers
Systemization of information into computer databases
Marketing services
Business auditing
Online advertising on a computer network
Provision of an online marketplace for buyers and sellers of goods and services
Commercial administration of the licensing of the goods and services of others
Sponsorship search
Advertising.
The mark was filed in class 44 with following description of goods: