The trademark SWAN was filed by INVACARE INTERNATIONAL CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on January 29, 2006, and received one opposition filed on April 27, 2006 by Edwards Lifesciences Corporation on Likelihood of confusion. the opponent was represented by POTTER CLARKSON LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 27, 2006
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Control systems for beds, bed back rests, bed lifters, lifting apparatus, transfer apparatus and hoists for the physically handicapped, those of reduced mobility and invalids
Batteries and battery chargers for vehicles for the physically handicapped and those of reduced mobility
Control systems for vehicles for the physically handicapped and those of reduced mobility
Parts and fittings for all the aforementioned goods.
The mark was filed in class 10 with following description of goods:
Respiratory apparatus, oxygen concentrators, apparatus for the distribution and storing of liquid oxygen, aerosol therapy apparatus, respiratory apparatus for sleep therapy, apparatus for ventilation of the lungs
Supporting apparatus, lifting apparatus, transfer apparatus, hoists, slings and spreaders, all for the physically handicapped, those of reduced mobility and invalids, lifting apparatus and transfer apparatus for the bath, the bed and the toilet for the physically handicapped, those of reduced mobility and invalids
Patient lifters, ceiling hoists and floor lifters, all for the physically handicapped, those of reduced mobility and invalids
Security jackets, harnesses and belts for the physically handicapped, those of reduced mobility and invalids
Beds for medical purposes
Waterbeds, airbeds, adjustable backrests for beds
Bed lifters, bed rails, bedclothes frames, all for the physically handicapped, those of reduced mobility and invalids
Corsetry for medical purposes
Foam mattresses for medical purposes
Cushions for medical purposes, cushions for prevention of bed sores and positioning cushions fo the physcially handicapped, those of reduced mobility and invalids
Walking aids
Crutches, walking frames, rollators, reach extension devices, applicators for socks, stockings and pantyhose, all for the physically handicapped, those of reduced mobility and invalids
Shower stretchers for the physically handicapped, those of reduced mobility and invalids
Rehabilitation, training and play equipment for the physically handicapped, those of reduced mobility and invalids
Rehabilitation, training and play equipment in the form of elastic seating, elastic chairs, elastic ramps, elastic rollers and elastic tunnels for the physically handicapped, those of reduced mobility and invalids
Parts and fittings for all of the aforementioned goods
Not including bath seats and toilet seats.
The mark was filed in class 12 with following description of goods:
Vehicles for the physically handicapped and those of reduced mobility
Electrical driving equipment for manually propelled wheelchairs
Shower trolleys for the physically handicapped, those of reduced mobility and invalids
Electric motors for vehicles for the physically handicapped and those of reduced mobility
Parts and fittings for all of the aforementioned goods.
The mark was filed in class 20 with following description of goods:
Furniture
Seating, backrests, cushions
Furniture for the physically handicapped, those of reduced mobility and invalids
Beds for domestic hospitalisation and accessories for such beds
Bed tables for the physically handicapped, those of reduced mobility and invalids
Bed rails, bed tables, baskets, baskets for supporting medical apparatus
Foam mattresses, airbeds and water beds
Shower seats, wheeled shower seats, toilet brackets, bath supports, toilet supports all for the physically handicapped and those of reduced mobility and invalids
Hand rails and bars for toilets, bathrooms, baths and showers
Lift-out chairs
Work seats for the physically handicapped and those of reduced mobility
Parts and fittings for all of the aforementioned goods