The trademark XamMed was filed by Positec Group Limited, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on April 5, 2020, and received one opposition filed on June 30, 2020 by Medtronic Xomed, Inc. on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 30, 2020
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and address of the trademark registration was recorded on October 2, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides
Gauze for dressings
Antiseptic cotton
Disinfectants for hygiene purposes
Antibacterial handwashes
Disinfectant soap
Medicinal alcohol
Chemical reagents for medical or veterinary purposes
Nucleic acid sequences and chemical reagents for medical and veterinary purposes
Chemical reagents for medical purposes
Diagnostic reagents for medical use.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopaedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
Protective clothing, especially medical gowns and surgical drapes, for medical, surgical and laboratory use
Elastic bandages, supportive and orthopedic bandages
Clothing especially for operating rooms
Protective clothing for medical purposes
Gloves for medical purposes
Surgical masks
Sanitary masks for medical purposes
Sanitary masks for medical wellness purposes
Sanitary masks for dust prevention for medical purposes
Face masks for use by health care providers
Respiratory masks for medical purposes
Respiratory masks for artificial respiration
Protective breathing masks for artificial respiration
Cardiopulmonary resuscitation masks
Facial masks for sanitary purposes
Masks for use by medical personnel
Oxygen masks for medical use
Respiratory masks for medical use
Pediatric breathing masks for medical purpose
Protective breathing masks for medical purposes
Protective breathing masks for surgical purposes
Protective face masks for medical use
Sanitary masks for fungus isolation purposes
Sanitary masks for germ isolation purposes
Sanitary masks for pollen isolation purposes
Sanitary masks for virus isolation purposes
Sanitary masks for dust isolation for medical purposes
Medical ventilators
Textile headgear specially adapted for use with medical ventilator mask interfaces
Respiration monitors
Apparatus for artificial respiration
Respirators for artificial respiration
Artificial respiration apparatus
Breathing apparatus for artificial respiration
None of the aforesaid goods being, or being related to, surgical apparatus and instruments for ear, nose and throat procedures.
The mark was filed in class 44 with following description of goods:
Hygienic and beauty care for human beings or animals
Agriculture, aquaculture, horticulture and forestry services
Medical services
Veterinary services
Medical services, in particular medical care in connection with patient treatment and medical consultations.