The trademark iS was filed by Waters Technologies Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on February 6, 2023, and received one opposition filed on May 4, 2023 by Steinel GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HOYNG ROKH MONEGIER PARTNERSCHAFTSGESELLSCHAFT VON RECHTSANWÄLTEN, ADVOCATEN UND AVOCATS À LA COUR MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 4, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Analytical equipment and instruments, not for medical use, for performing biological and chemical separation, purification, screening and identification
Chromatography instruments for laboratory use
Spectrometry instruments for laboratory use
Mass spectrometers for laboratory use
Chromatographic systems comprising of pumps, detectors, injectors, autosamplers, gradient controllers, mixing chambers, columns, recorders, printers, fraction collectors and operating software, and replacement parts and operating software updates
Chromatography columns
Laboratory analytical instruments for detecting and measuring visual and ultraviolet light
Laboratory analytical instruments for detecting and measuring fluorescence
Laboratory analytical instruments, namely, ultraviolet and visual light sensors
Laboratory analytical instruments, namely, refractive index detectors
Analytical instruments featuring light-guiding flow cell for performing and analyzing biological and chemical samples
Laboratory instruments for organizing, storing, and processing laboratory samples in a temperature controlled environment
Laboratory instruments for processing samples with liquid chromatography columns
Laboratory instruments for heating and cooling laboratory samples and chromatography columns
Analytical laboratory instruments for automating sample analyses, diluting samples, tracking and tracing results of sample processing
Spectral detectors for use in connection with mass spectrometers and liquid chromatographs
Detectors for detection and quantitation and spectral exposure for laboratory use
Florescence detectors for analysis and detection of samples containing chemiluminescent properties
Laboratory equipment and accessories, namely, chromatography columns, solvent managers, well plates, vial holders, laboratory vials, and pipettes
Recorded or downloadable computer operating software for laboratory analytical instruments
Recorded or downloadable computer software for operating, configuring, troubleshooting, and controlling laboratory instruments
Recorded or downloadable computer software for collecting, manipulating, analyzing, storing, and reporting data in mass spectrometry or liquid chromatography applications
Recorded or downloadable computer software for automating and managing laboratory workflows
Recorded or downloadable computer software for analyzing laboratory sample properties.