The trademark ENDOCARE was filed by LUCINE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 8, 2022, and received one opposition filed on February 8, 2023 by INDUSTRIAL FARMACEUTICA CANTABRIA, S.A. on Likelihood of confusion. the opponent was represented by RYO RODRIGUEZ OCA, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2023
It was designated 'Basic Application' for International Application 1714147 at the World Intellectual Property Organization (WIPO).
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on September 1, 2022. Change of name and professional address of the trademark registration was recorded on September 6, 2023.
The Opposition with reference B 003190119 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 3, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Diagnostic substances for medical use and Reagents and media for medical diagnostic purposes..
The mark was filed in class 9 with following description of goods:
Applications software, In the field of healthcare
Application software for measuring, analysing, preventing, relieving and managing pain
Medical databases
Medical databases relating to pain symptoms and to how pain works
Computer software for database management, in relation to the following fields: Medicine
Virtual reality, augmented reality and mixed reality software for mobile devices, incorporating electronic data for use in pain measurement, analysis, prevention, relief and management
Virtual reality headsets.
The mark was filed in class 10 with Pain measuring devices for medical purposes and Pain analysis devices for medical purposes..
The mark was filed in class 35 with Management and compilation of medical computer databases relating to pain and Management of personal medical records for healthcare professionals..
The mark was filed in class 38 with Providing of access via computer networks to medical computer databases relating to pain and Providing of access to a healthcare services platform for the analysis, processing and sharing of information relating to pain..
The mark was filed in class 41 with following description of goods:
Tuition and training services, in relation to the following fields: Analysis of pain
Tuition and training services, in relation to the following fields: Therapeutic treatments for pain
Teaching and providing of training for sharing autonomous pain measurement and relief methods.
The mark was filed in class 42 with following description of goods:
Development of medical databases
Development and testing of methods, algorithms and computer software for use in pain measurement, analysis, prevention, relief and management
Software as a service (SaaS) in the field of healthcare
Design, development and maintenance of application software In the field of healthcare
Providing temporary use of non-downloadable software applications accessible via a web site, In the field of healthcare.
The mark was filed in class 44 with following description of goods:
Therapy for pain
Digital therapeutic services for pain
Medical diagnostic services relating to pain
Provision of information, in relation to the following fields: Medical care and Healthcare services for pain relief
Medical services in the field of treatment of pain, namely, Design of methods and exercises for autonomous pain measurement and relief.