The trademark HEAXEL was filed by HEAXEL S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 11, 2020, and received one opposition filed on June 11, 2020 by HEXAL AKTIENGESELLSCHAFT on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 11, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software relating to the sector of physical, cognitive and neuro-motor rehabilitation and to personal assistance of patients with neuro-motor and cognitive deficits
Hardware and software relating to the sector of physical, cognitive and neuro-motor rehabilitation and to personal assistance of patients with neuro-motor and cognitive deficits
Hardware, software and peripheral units for medical use, to be used for remote monitoring and analysis of patients and for the transmission of data relating to their state of health, these products being related to the sector of physical, cognitive and neurological rehabilitation motor and personal assistance of patients with neuro-motor and cognitive deficits.
The mark was filed in class 10 with Medical robots and electro-medical devices for purposes related to the physical, cognitive and neuro-motor rehabilitation sector and to the personal assistance of patients with neuro-motor and cognitive deficits.
The mark was filed in class 42 with following description of goods:
IT Services
Design services
Engineering services relating to robotics
All these services being related to the sector of physical, cognitive and neuro-motor rehabilitation and to the personal assistance of patients with neuro-motor and cognitive deficits.
The mark was filed in class 44 with following description of goods:
Medical services, including provided via the Internet or other telecommunication channels
Rental of personal health care equipment
All these services being related to the sector of physical, cognitive and neuro-motor rehabilitation and to the personal assistance of patients with neuro-motor and cognitive deficits.