The trademark LUNiLIFE was filed by LuniCheck GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 30, 2022, and received one opposition filed on August 29, 2022 by MEDION AG on Likelihood of confusion. the opponent was represented by BECKER & MÜLLER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 29, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 1, 2023.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals and reagents used in industry and science (other than for medical or veterinary purposes)
Chemical substances for analyses in laboratories, other than for medical or veterinary purposes
In-vitro diagnostics and diagnostic preparations, other than for medical purposes.
The mark was filed in class 5 with following description of goods:
Veterinary preparations
Nutritional supplements
Diagnostic preparations for medical and/or veterinary purposes
Biotechnological goods, Pharmaceutical and veterinary preparations for devices (kits, systems) for diagnosis, therapy
Medical diagnostic reagents and assays for testing of body fluids
Diagnostic preparations for medical purposes, In particular for medical purposes, Especially, Diagnostic preparations for the determination of food intolerances, allergies and deficiencies
Chemical preparations for testing blood for medical purposes
Medical diagnostic test strips
Chemical test reagents [medical]
Test strips for measuring blood glucose levels
All the aforesaid goods not for the regulation, management and diagnosis of cholesterol levels.
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments
Mobile apps
Application software
Application software for social networking services via internet
Application software for wireless devices
Application software for cloud computing services
All the aforesaid goods, Exclusively for medical and scientific purposes.
The mark was filed in class 10 with following description of goods:
Diagnostic apparatus for medical purposes
Medical diagnostic apparatus for medical purposes
Diagnostic test kits for medical purposes
Blood testing apparatus
Diagnosis apparatus
Immunoassay
Antigen or antibody tests
Medical apparatus and instruments
Test strips for diagnosing food intolerances and allergies, in particular food allergies
Testing apparatus for medical purposes
Apparatus for carrying-out diagnostic tests for medical purposes.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research
Scientific services for chemical, pharmaceutical, biotechnological, diagnostic, analytical or medical laboratories, industrial installations, research or development installations
Advice and consultancy, Relating to the following sectors: Chemistry, Pharmacy, Biotechnology, Also via communication-media as the Internet
Medical laboratory services
Scientific testing services
Computer aided diagnostic testing services
Research and development in the field of diagnostic preparations
Installation and customisation of computer applications software Exclusively for medical and scientific purposes
Development of application software for delivery of multimedia content, Exclusively for medical and scientific purposes
Computer aided testing services
Laboratory services for analytical testing.
The mark was filed in class 44 with following description of goods:
Consultancy in the fields of medicine, in particular human medicine, pharmacy, in particular for food intolerances and allergies, including via communications media, including the internet
Medical and clinical examinations
Medical diagnostic services
Conducting of medical tests in connection with diagnosing and treating diseases, food intolerances, in particular allergies
Medical screening
Medical screening
Medical testing services relating to the diagnosis and treatment of disease
Providing counseling services, in relation to the following fields: Medical diagnostics, Medical analytics, Including via communications media, including the internet.