018895520

DiaView

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June 29, 2023

Trademark Summary

The trademark DiaView was filed by EvivaMed Distribution GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 10, 2023, and received one opposition filed on October 23, 2023 by INTERAPOTHEK, S.A.U. on Likelihood of confusion. the opponent was represented by GARRIGUES IP, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 23, 2023

The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceutical and veterinary preparations
  2. In-vitro diagnostic agents and reagents for medical purposes
  3. Biological or chemical preparations for medical purposes
  4. Diagnostic preparations for medical purposes
  5. Enzymes for medical purposes
  6. Detergents for medical purposes
  7. Blood or blood plasma for medical purposes
  8. Hormones for medical purposes
  9. Steroids
  10. Immunostimulants
  11. Plant or herbal extracts for medical purposes
  12. Dressings for wound care, in particular hydrocolloid or non-adhesive dressings
  13. Synthetic resin dressings
  14. Wound fillers
  15. Wound dressing materials with an absorbing pad
  16. Granulated material for wounds
  17. Phytotherapy preparations
  18. Ferments or milk ferments for medical purposes
  19. Malt for medical purposes
  20. Laxatives
  21. Magnesia and minerals for medical purposes
  22. Dietary supplements
  23. In particular albumin, alginate, casein, enzyme, glucose, lecithin, linseed, protein, yeast, wheat germ and pollen dietary supplements
  24. Amino acids for medical purposes
  25. Peptones for medical purposes
  26. Medicinal herbs
  27. Propolis dietary supplements
  28. Starch for dietetic or medical purposes
  29. Neutraceutical preparations for medical purposes
  30. Vitamin preparations
  31. Sugar or glucose formulations for dietary or medical purposes
  32. Mineral food supplements for dietary purposes
  33. Herbal teas for medical purposes
  34. Dried or freeze-dried food adapted for medical purposes anti-oxidant pills
  35. Medical beverages
  36. Medicated shampoos, soaps, lotions and dentifrices
  37. Oxygen baths
  38. Balms for medical purposes
  39. Camphor for medical purposes
  40. Greases for medical purposes
  41. Mouthwashes for medical purposes
  42. Medicinal oils
  43. Medicinal roots
  44. Anti-bacterial, anti-viral or anti-parasitic soaps or handwashes
  45. Antiseptics
  46. Disinfectants
  47. Contact lens cleaning preparations
  48. Medicinal alcohol
  49. Plasters
  50. Adhesive tapes for medical purposes
  51. Self-adhesive gauze
  52. Compresses
  53. Salve compresses
  54. Bandages and bands for medical use
  55. Cushion bandages for dressings
  56. Gauze for dressings
  57. Liniments
  58. Hemostatic pencils
  59. Diapers for incontinence
  60. Absorbent pants for incontinence
  61. Tampons
  62. Wound coverings
  63. Test strips for the detection of blood components or blood testing, in particular for measuring glucose, ketone bodies or cholesterol.
• The mark was filed in class 9 with following description of goods:
  
  1. Computer software and computer hardware for medical and diagnostic purposes, in particular in the field of diabetes
  2. Computer software for use in evaluation, verification and administration of medical data, in particular in the field of diabetes
  3. Computer software and computer hardware for the connection of medical apparatus and devices and additional hardware, in particular for use in the field of endocrinological and cardiovascular diseases, as well as accessories of the aforementioned goods, namely, personal digital assistants (PDAs) and handheld, data storage instruments with multiple functions and all kinds of corresponding machine-readable data carriers equipped with programs for use by patients and physicians
  4. Infrared interfaces for the transfer of device commands and configuration information from a personal computer to medical devices, in particular blood glucose meters, insulin pumps, and vice versa
  5. Printers for medical management, in particular diabetes management
  6. Modems for transferring patient data from diagnostic equipment to a remote site
  7. Cables for the connection of computers and computer accessories with medical apparatus and instruments
  8. Short-range wireless interconnection, in particular for mobile phones, computers, and other electronic devices
  9. IoT-Connections (GSM)
  10. Online electronic publications (downloadable)
  11. Body weight scales.
• The mark was filed in class 10 with following description of goods:
  
  1. Surgical, medical and veterinary apparatus
  2. Devices and instruments for the measurement and monitoring of vital parameters in the human or animal body, in particular diabetes and kardiology associated parameters
  3. Heart rate monitoring apparatus
  4. EKG
  5. Pulsoxymetrie
  6. Apparatus for conducting in-vitro diagnostic tests for medical purposes
  7. Heart pacemakers
  8. Defibrillators
  9. Brain pacemakers
  10. Blood pressure measuring devices
  11. ECG measuring devices
  12. Spirometers
  13. Dialyzers
  14. Drainage tubes for medical purposes
  15. Cannulae
  16. Inhalers
  17. Trocars
  18. Syringes for injections
  19. Injectors for medical purposes
  20. Lancets and lancet devices
  21. Insulin pumps and accessories thereof, namely, glass and plastic cartridges, cartridge filling sets, catheters, infusion sets and tubing, pen needles, syringes, adapters, ampoules, and filling devices
  22. Blood analyzers
  23. Blood glucose, glucose from interstitial fluid or other compartments monitors or meter devices, in particular for spot measurements and continuous monitoring
  24. Cholesterol meters
  25. Apparatus for the detection of blood components or blood testing, in particular for measuring glucose, ketone bodies or cholesterol
  26. Body fat monitors
  27. Body composition monitors
  28. Orthopedic footwear, in particular boots for medical purposes
  29. Supportive orthopedic bandages
  30. Gauze and non-woven sponges
  31. Gauze rolls
  32. Medical drapes
  33. Medical tape
  34. Cotton balls
  35. Pull-on dressings compression stockings
  36. Cooling pads for first aid purposes
  37. Clothing for operating rooms
  38. Furniture adapted for medical purposes
  39. Acupuncture needles.
• The mark was filed in class 35 with following description of goods:
  
  1. Data management
  2. Business management
  3. Business administration
  4. Advertising
  5. Provision of an on-line marketplace for buyers and sellers of goods and services
  6. Presentation of goods and services
  7. Retail or wholesale services for pharmaceutical or sanitoy preparations or medical products
  8. Services of wholesale via internet.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunication services
  2. Communications by computer terminals
  3. Proving internet chatrooms
  4. Message sending
  5. Providing online forums
  6. Streaming of data
  7. Data transfer
  8. Leasing of access times to databases and internet platforms in the field of medical services.
• The mark was filed in class 41 with Providing of training, education and tuition for medical purposes, in particular for medical tuition.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific research services for medical purposes
  2. Scientific laboratory services
  3. Clinical trials
  4. Biochemical analysis
  5. Computer programming
  6. Electronic data storage
  7. Server hosting
  8. Cloud computing
  9. Computer and technology services for securing computer data and personal information
  10. Monitoring of and storing data, in particular patient data, via telecommunication means.
• The mark was filed in class 44 with following description of goods:
  
  1. Medical services in the field of human and veterinary health management, in particular in the field of diabetes and kardiology
  2. Provision of information, consultation, documentation and surveillance of patient data, in particular in the field of diabetes and kardiology, also via medical databases
  3. Telemedicine services, data transfer via short-range wireless interconnection and / or IoT-Technology (GSM)
  4. Pharmacy advice.