The trademark application ICU MEDICAL was filed by ICU Medical, Inc., a U.S. corporation (the "Applicant"). Appeal pending.
The application was filed in English (French was selected as the second language).
The Refusal with reference B 018874553 was Rejected according to Article 7(1)(b) EUTMR with decision issued on January 14, 2024 by the EUIPO. The Appeal with reference B R0562/2024-1 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on November 13, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Downloadable computer software
Computer hardware
Electronic circuitry for facilitating communication
Software as a component of medical devices.
The mark was filed in class 10 with following description of goods:
Medical and surgical devices, apparatus, equipment and instruments
Medical fluid containers and bags sold empty
Medical IV sets
Medical pumps
Catheters
Medical connectors
Medical valves
Barrier caps for catheters
Carbon dioxide monitors
Heat monitors
Pulse oximeters
Sedation monitors
Medical infusion systems
Apparatus for the delivery of fluids for parenteral, enteral, spinal and epidural therapies and the administration of whole blood and blood products
Medical enteral feeding devices
Automated drug compounding systems
Equipment for filling and labeling medical syringes, drug vials, elastomeric pumps, ambulatory pumps, oral dispensers and medical containers
Medical devices for transferring medical fluids
Medical apparatus for hemodynamic monitoring
Medical devices for monitoring blood pressure
Contrast media supply and control apparatus
Apparatus for taking blood samples
Lancets
Pressure infusors
Medication cassette reservoirs for use in administering medical fluids and pharmaceuticals to patients
Administration sets
Tubing, bag spikes, filters, luers, check valves, anti-siphon valves, clamps and injection sites
Chest drainage apparatus, catheters and kits
Cases for infusion pumps
Pouches for ambulatory infusion pumps
Medical devices for airway management, respiratory care and therapeutic respiratory care
Vibratory PEP apparatus and spirometers
Medical needles and syringes
Vascular access devices
Patient monitors
Implantable ports and vascular access devices
Apparatus and instruments for warming infusion fluids
Patient warming blankets
Convective warmers and blowers
Humidifiers
Heat and moisture exchange devices
Tracheal tubes
Laryngeal masks
Breathing masks
Tracheostomy apparatus and instruments
Laryngoscopes
Needle guards
Sharps safety devices
Resuscitators and ventilators
Manometers for medical use
Veterinary apparatus and instruments
Parts and fittings for all the foregoing.
The mark was filed in class 16 with Printed materials related to healthcare issues, hospital data management, medication information and medical decision support.
The mark was filed in class 37 with Repair of medical, surgical and veterinary apparatus and instruments and providing installation services, troubleshooting and technical support for users regarding the setup, programming, operation and control of medical devices and computer hardware either at the user’s site or via a communication network..
The mark was filed in class 40 with Custom manufacture and modification of medical, surgical and veterinary apparatus and instruments.
The mark was filed in class 41 with Training, education and instruction of people in medical and surgical techniques and procedures and in the use of medical apparatus and instruments.
The mark was filed in class 42 with following description of goods:
Technical consulting services
Patient monitoring and medication delivery management computer software installation services
Technical support services
Cloud computing
Providing use of on-line non-downloadable cloud computing software
Providing use of non-downloadable cloud-based software
Providing temporary use of nondownloadable software for enabling users to customise medical drug library information
Providing temporary use of non-downloadable cloud-based software
Providing installation services, troubleshooting and technical support for users regarding the setup, programming, operation and control of computer software either at the user’s site or via a communication network.
The mark was filed in class 44 with Consultation relating to the use of medical devices and associated hardware and software.