The trademark INVIS IS was filed by Align Technology, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 2, 2020, and received one opposition filed on September 30, 2020 by Invis sp z o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 30, 2020
The application was filed in Dutch, and Dutch 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 February 8, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computers, computer operating programs, Namely digital imaging software for visualising tooth and jaw movements and proposed treatment plans
Computer software for dentistry and orthodontics
Computer software for providing, monitoring and adaptation of proposed orthodontic treatment plans and patient data
Computer software for dental professionals for the evaluation of individual teeth, planning of orthodontic treatments, use in restorative dentistry, preparation and fitting of crowns and bridges and dental treatment
Computer scanning software
Digital printing software for dentistry
Computer-aided modelling software for preparing 3D digital models of teeth and jaws
Computers, computer operating programs, Namely, software applications for use on mobile devices with access to the internet and downloadable computer software for creating customised dental and orthodontic treatments
Telemedicine systems consisting of computer software, computer hardware, and intraoral scanner cameras for recording, storing, retrieving and transmitting, via telecommunications media, dental and orthodontic digital images
Computer workstations for processing and displaying dental and orthodontic images for the design of orthodontic applications and dental prostheses and for monitoring patient treatments
User-friendly computer software for the real-time planning of dental treatments
Downloadable computer software for uploading digital dental images
Downloadable computer software for manipulating digital dental or orthodontic images uploaded by customers
Downloadable computer software for targeted marketing and consumer engagement that enables users to upload digital images.
The mark was filed in class 10 with following description of goods:
Apparatus and instruments for use in the dental field related to orthodontic treatment and for use in restorative dentistry
Dental apparatus and instruments
Dental apparatus, namely, orthodontic appliances
Dental and orthodontic materials, apparatus, prostheses, instruments and appliances
Special containers for the storage, cleaning and transportation of orthodontic appliances
Dental attachments, retainers, pontics and prosthetic instruments for dental purposes
Orthodontic appliances and orthodontic devices and braces for use in straightening teeth and treating malocclusions
Parts and fittings for all the aforesaid goods
Orthodontic machines and instruments for dental purposes
Digital orthodontic scanning equipment (dental intra-oral cameras)
Scanning cameras for capturing dental and orthodontic images
Digital impression systems consisting of computer software and computer hardware, namely, central processing units, memory storage drive monitors and intra-oral scanners used for 3-dimensional digital image capture for use in the field of orthodontics.
The mark was filed in class 40 with following description of goods:
Custom manufacture of orthodontic appliances
Dental laboratories
Dental technician services.
The mark was filed in class 41 with Educational services, namely, seminars, symposiums and workshops in the field of dentistry and organization of training seminars, conferences, programs, and providing training and courses of instruction, online training, and webinars, in the fields of dentistry and orthodontia, and in the fields of business management and business development for dentists and orthodontists..
The mark was filed in class 44 with following description of goods:
Dentistry, orthodontic services
Consultation services in the fields of dentistry and orthodontia
Dental, orthodontic, periodontic, endodontic and paedodontic services and treatments
Design and creation of orthodontic treatment plans for individuals
Consulting services in the dental and orthodontic industries
Advisory services and the provision of information relating to dental and orthodontic techniques, materials and products
Advisory and consultancy services relating to orthodontics, endodontics, paedodontics, periodontics, and restorative dental treatments, including the provision of such services online via the Internet or extranets.