The trademark QUBE was filed by Werner Trenker, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on February 6, 2020, and received one opposition filed on May 17, 2020 by Spacelabs Holdings, Inc. on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 1, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Plasters, materials for dressings
Medicated plasters
Adhesive tapes for medical purposes
Dressings, medical
Disinfectants
Disinfectants for hygiene purposes
Disinfectants for veterinary use
Disinfectants for medical use
Medicinal drinks
Pharmaceuticals
Veterinary preparations
Diagnostic preparations for veterinary purposes
Diagnostic agents for medical use
Diagnostic agents for pharmaceutical use
Nutritional supplements
Food supplements
Nutritional supplements for veterinary use
Hygienic preparations for veterinary use
Sanitary preparations for medical purposes
Sanitary preparations and articles
Chemical preparations for the diagnosis of diabetes
Pharmaceutical preparations for treating diabetes
Pharmaceutical preparations for the prevention of diabetes
In vitro diagnostic preparations for medical use
Dietary supplements and dietetic preparations
Diagnostic preparations for medical purposes
Diagnostic preparations and materials
Medical preparations
Pharmaceutical preparations
Dietetic preparations adapted for medical use
Dietetic substances adapted for veterinary use
Medical diagnostic test strips
Test strips for measuring blood glucose levels
None of the aforesaid goods used in relation to the field of cardiology, in relation to patient monitoring and/or the storage, reviewing, and/or reporting of patient information.
The mark was filed in class 10 with following description of goods:
Medical test kits for diabetes monitoring for home use
Apparatus for carrying-out diagnostic tests for medical purposes
Tools for medical diagnostics
Medical diagnostic apparatus for medical purposes
Blood testing apparatus
Sphygmotensiometers
Electronic blood pressure meters [for medical use]
Blood pressure monitors
Injectors for medical purposes
Cannulae
Lancets
Fleams
Medical apparatus and instruments
Medical and veterinary apparatus and instruments
Veterinary apparatus and instruments
Syringes for medical purposes
Apparatus for use in the investigation of metabolic disorders
Medical therapy instruments
Needles for medical purposes
Blood glucose testing apparatus
Glucometers
Blood glucose monitoring apparatus
Medical apparatus for testing the level of glucose in the blood
All of the aforesaid goods used exclusively in relation to the diagnosis and treatment of diabetes.
The mark was filed in class 41 with following description of goods:
Medical education services
Conducting of educational seminars relating to medical matters
Education services relating to medicine
Courses (Training -) relating to medicine
Publishing of medical publications
Publication of medical texts
Publishing of journals, books and handbooks in the field of medicine
Provision of medical instruction courses
None of the aforesaid services provided in relation to the field of cardiology, in relation to patient monitoring and/or the storage, reviewing, and/or reporting of patient information.
The mark was filed in class 44 with following description of goods:
Medical services in the field of diabetes
Providing information via the Internet in the field of diabetes
Hiring of medical instruments
Providing information relating to dietary and nutritional supplements
Medical analysis for the diagnosis and treatment of persons
Medical diagnostic services
Pharmaceutical advice
None of the aforesaid services provided in relation to the field of cardiology, in relation to patient monitoring and/or the storage, reviewing, and/or reporting of patient information.