The trademark enova Advanced was filed by VSY BIYOTEKNOLOJI VE ILAÇ SANAYI ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on March 7, 2023, and received one opposition filed on April 23, 2023 by henova GmbH on Likelihood of confusion. the opponent was represented by Bettendorf, Claudia and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 23, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Deletion of the representative of the trademark registration was recorded on September 25, 2023. Appointment and Replacement of representative of the trademark registration was recorded on January 29, 2024.
The Appeal with reference B R0245/2024-5 was Other according to Article 119(2) EUTMR with decision issued on March 7, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations for medical purposes
Chemical preparations for medical and veterinary purposes, chemical reagents for pharmaceutical and veterinary purposes
Medicated cosmetics
Dietary supplements for pharmaceutical and veterinary purposes
Dietary supplements
Nutritional supplements
Medical preparations for slimming purposes
Food for babies
Herbs and herbal beverages adapted for medicinal purposes
Medicated dental care preparations
Teeth filling material, dental impression material, dental adhesives and material for repairing teeth
Sanitary preparations for medical use: sanitary pads, sanitary tampons
Plasters, materials for dressings, diapers made of paper and textiles for babies, adults and pets
Preparations for destroying vermin
Herbicides, fungicides, preparations for destroying rodents
Deodorants, other than for human beings or for animals
Air purifying preparations
Air deodorising preparations
Disinfectants
Antiseptics
Detergents for medical purposes
Medicated soap
Disinfectant soap
Antibacterial hand lotions.
The mark was filed in class 9 with following description of goods:
Measurement apparatus and equipment including those for scientific, nautical, topographic, meteorologic, industrial and laboratory purposes, thermometers, not for medical purposes, barometers, ammeters, voltmeters, hygrometers, testing apparatus not for medical purposes, telescopes, periscopes, directional compasses, speed indicators, laboratory apparatus, microscopes, magnifying glasses, stills, binoculars, ovens and furnaces for laboratory experiments
Apparatus for recording, transmission or reproduction of sound or images
Cameras, photographic cameras, television apparatus, video recorders, cd and dvd players and recorders, mp3 players
Magnetic and optical data carriers and computer software and programmes recorded thereto, downloadable and recordable electronic publications, encoded magnetic and optical cards, movies, tv series and video music clips recorded on magnetic, optical and electronic media
Antennas, satellite antennas, amplifiers for antennas, parts of the aforementioned goods
Electronic components used in the electronic parts of machines and apparatus: semi-conductors, electronic circuits, integrated circuits, chips [integrated circuits], diodes, transistors [electronic], magnetic heads for electronic apparatus, electronic locks, photocells, remote control apparatus for opening and closing doors, optical sensors
Counters and quantity indicators for measuring the quantity of consumption, automatic time switches
Clothing for protection against accidents, irradiation and fire, safety vests and life-saving apparatus and equipment
Eyeglasses, sunglasses, optical lenses and cases, containers, parts and components thereof
Apparatus and instruments for conducting, transforming, accumulating or controlling electricity, electric plugs, junction boxes [electricity], electric switches, circuit breakers, fuses, lighting ballasts, battery starter cables, electrical circuit boards, electric resistances, electric sockets, transformers [electricity], electrical adapters, battery chargers, electric door bells, electric and electronic cables, batteries, electric accumulators, solar panels for production of electricity
Alarms and anti-theft alarms, other than for vehicles, electric bells
Signalling apparatus and instruments, luminous or mechanical signs for traffic use
Fire extinguishing apparatus, fire engines, fire hose and fire hose nozzles
Radar apparatus, sonars, night vision apparatus and instruments
Decorative magnets
Metronomes.
The mark was filed in class 10 with following description of goods:
Artificial limbs and prostheses
Medical orthopaedic articles: corsets for medical purposes, orthopaedic shoes, elastic bandages and supportive bandages
Surgical gowns and surgical sterile sheets
Adult sexual aids
Condoms
Babies’ bottles
Babies’ pacifiers
Teats
Gum massagers for babies
Bracelets for medical purposes
Anti-rheumatism rings
Anti-rheumatism bracelets
Supports for ankle and wrist for medical use
Lenses [intraocular prostheses] for surgical implantation
Medical delivery devices in the form of a syringe, injector device, or pen for injecting a pharmaceutical preparation used for lens implantation
Injection solution containers to be used by being loaded in medical syringe barrels (i.e. medical cartridge syringes) used for lens implantation