The trademark EMShapeX was filed by Andreas Wilk, a national of the Swiss Confederation (the "Applicant"). The application was published for oppositions on February 4, 2020, and received one opposition filed on April 29, 2020 by BTL Industries on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Komberec, Libor and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 29, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Sources of magnetic fields for use in medical treatment
Apparatus for the treatment of cellulite
Apparatus for the therapeutic stimulation of the muscles
Apparatus for use in exercising muscles for medical use
Physical therapy equipment
Apparatus for the therapeutic toning of the body
Transcutaneous electrical muscle stimulators
Massage apparatus
Medical therapy instruments
Medical instruments
Medical apparatus and instruments
Apparatus for the therapeutic toning of the muscles
Apparatus for the therapeutic stimulation of the body
Apparatus for achieving physical fitness [for medical use]
Electromedical instruments for firming treatments
Electrotherapy instruments for firming treatments.
The mark was filed in class 35 with following description of goods:
Retail services in relation to medical apparatus
Wholesale services in relation to medical apparatus
Commercial administration of the licensing of the goods and services of others
Provision of assistance [business] in the operation of franchises.
The mark was filed in class 44 with following description of goods:
Medical counseling
Personal therapeutic services relating to fat dissolution
Medical equipment rental
Advisory services relating to medical apparatus and instruments
Providing information relating to the rental of medical machines and apparatus
Personal therapeutic services relating to cellulite removal
Medical services
Health farm services [medical]
Health clinic services [medical]
Medical consultations
Providing information relating to medical services