The trademark EMSTENS was filed by Zhenwu Chen, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on April 1, 2020, and received one opposition filed on May 3, 2020 by TARAZONA FERNANDEZ, ALBERTO on Likelihood of confusion. the opponent was represented by Abellán Pérez, Almudena and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003118357 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 11, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Low frequency electric therapy apparatus
Electric massage apparatus for household use
Vibration generating apparatus for massage
Transcutaneous electrical muscle stimulators
Electrical nerve stimulators
Nerve muscle stimulators
Massaging apparatus for personal use
Sleep aid devices, namely apparatus for inducing sleep by emitting sound, aroma or light
Artificial sleep apparatus
Medical electrodes
Mattresses for medical use
Beds, specially made for medical purposes
Vibrating massage seat cushions
Cushions for medical purposes
Mouth guards for medical purposes
Soporific pillows for insomnia
Chemically activated hot compresses for medical purposes
Cold packs for medical purposes
Ultrasonic diagnostic instruments for therapeutic purposes
Apparatus for use in exercising muscles for medical use
Apparatus for the therapeutic stimulation of the muscles.