The trademark Sebac was filed by THE SURGICAL COMPANY SAS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 31, 2023, and received one opposition filed on October 16, 2023 by Sebapharma GmbH & Co. KG on Likelihood of confusion. the opponent was represented by LIPPERT STACHOW PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 16, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Medical and surgical preparations
Sanitary preparations for medical and surgical purposes
Disinfectants and antiseptics
Disinfectants for hygiene purposes
Disinfectants for medical and surgical instruments
Sterilising preparations
Hygienic products for medical and surgical purposes
Plasters, materials or articles for dressings
Adhesive tapes for medical and surgical purposes
Plaster strips
Dressing tapes
Compresses, adhesive plasters, cotton for medical and surgical purposes
Wadding for medical and surgical purposes
Dressing kits
Surgical gauze and dressings
Medical dressings
Bandages for dressings
Surgical tissues
Wiping paper for medical and surgical purposes, for cutaneous use or for wiping medical and surgical instruments and materials
Towels and wipes for medical and surgical purposes
Diagnostic preparations for medical and surgical purposes
Alcohol for medical and surgical purposes
Surgical glues.
The mark was filed in class 10 with following description of goods:
Surgical, medical and dental apparatus and instruments
Orthopaedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Splints (surgery)
Abduction splints
Immobilization splints
Upper limb abduction devices
Lower limb traction equipment
Upper limb support and immobilization devices
Immobilization splints and slings, neck collars
Orthopaedic fixtures
Orthopaedic joint bandages
Support bands and bandages
Plaster bands
Orthopaedic felts and vests
Clavicle straps
Medical fasteners and straps, including support straps
Saws, scissors, knives, shears, plaster forceps and retractors for medical and surgical use
Surgical gowns and shorts
Plaster shoes and walking plaster heels
Walking soles for immobilizers
Bedpans
Bedpans for medical and surgical use
Basins and cups for medical use
Arm and leg baths for medical use
Boxes and boilers for medical and surgical use
Shower jars, test tubes for haemolysis, for medical use
Graduated measures
Trays for surgical and medical use
Dental trays, kidney-shaped bowls (beans)
Thermometer holders
Serum protection clips
Serum holders
Patient carts
Serum baskets
Urine bag holders
Redon supports
Patient bed hoops
Pressure sore prevention articles
Mattresses, mattress toppers, drapes, pillows, bolsters, blankets and covers for medical and surgical use
Cushions and sheets (including bed sheets) for medical use
Wristbands for medical use
Spittoons
Needle and soiled object collectors for medical and surgical use
Tracheal tube holding straps
Tongue depressors
Round bins on mobile racks for operating rooms
Medical-surgical accessories, including torso, waist, leg, wrist and ankle restraints, immobilizers and traction devices, fracture and infusion heel restraints, protective foam and other materials, medical and surgical pads and mattresses
Non-sterile medical device namely orthoses
Wrist-hand orthoses
Wrist-thumb orthoses
Thumb orthoses
Knee orthoses
Ankle stabilizing orthoses
Ankle and/or wrist supports for medical use
Orthoses for orthopaedic correction of the knee, ankle, wrist, thumb, hand
Splints for medical use
Splints for orthopedic correction of the knee, ankle, wrist, thumb, hand
Elbow splints for medical use
Knee splints for medical use
Shoulder splints
Knee and ankle immobilization splints for medical use
Orthopedic articles
Orthopedic belts
Lumbar support belts
Abdominal support belts as standard
Orthopedic vests
Medical devices for prevention, treatment and support of the musculoskeletal system, i.e. vests for scapulo-humeral restraint and immobilization
Arm and shoulder immobilizers
Slings and forearm supports for medical use
Shoulder abduction cushions
Cervical collars
Elastic bandages
Clavicular bandages
Orthopedic support bandages
Respirators for medical and surgical use
Respiratory monitors
Cardiac monitors
Respiratory masks for medical and surgical use
Measuring devices for medical and surgical use
Electronic devices for medical and surgical use
Diagnostic devices for medical and surgical use
Sensing devices for medical and surgical use
Analytical devices for medical and surgical use
Electronic monitoring instruments for medical and surgical use
Pulse measuring instruments for medical and surgical use
Lasers for medical and surgical use
Autoclaves for medical and surgical use
Thermometers for medical and surgical use
Otoscopes
Pulse oximeters
Stethoscopes
Audiometers
Lamps for medical and surgical use
Examination lamps for medical use
Hoses and tubes for medical and surgical use
Probes and pumps for medical and surgical use
Cutlery for medical and surgical use
Suture material for medical and surgical use
Drains for medical and surgical use
Needles and syringes for medical and surgical use
Therapeutic and assistive devices designed for disabled persons
Special furniture for medical and surgical use
Chairs for medical, surgical or dental use
Examination or treatment tables for medical use
Stretchers
Walking aids for the disabled
Crutches for the infirm
Clothing for medical and surgical use
Gowns, pants, gloves and face masks for medical and surgical use
Compression garments for medical use
Appliances, devices and childcare articles
Specially adapted containers for the disposal of medical and surgical instruments, syringes and other contaminated medical and surgical waste
Shock wave devices for medical and surgical use
Infusion pumps for medical and surgical use
Anaesthesia devices
Massage devices (for medical and surgical use)
Phototherapy devices
Blood pressure gauges
Endoscopic devices
Mallets for medical and surgical use
Artificial limbs
Artificial teeth
Artificial eyes.
The mark was filed in class 35 with Import-export, wholesale and retail sale services (online or in retail stores) for surgical, medical, technical and scientistic apparatus and instruments, as well as for surgical and medical supplies and import-export, wholesale and retail sale services (online or in retail stores) for the aforesaid medical and surgical preparations..
The mark was filed in class 41 with Providing of training (online and classroom training) and arranging and conducting of workshops [training], colloquiums, seminars, conferences, congresses in medical, surgical, mechanical, and technical matters (whether online or not)..