EUTM file information

018255604

VIVORA

June 15, 2020

Trademark Summary

The trademark VIVORA was filed by EvivaMed Distribution GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 29, 2020, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on December 29, 2020 by P&G Health Germany GmbH on Likelihood of confusion. the opponent was represented by Brunner, Renate and its proceedings were handled in English The second opposition filed on December 21, 2020 by Galenica AG on Likelihood of confusion. the opponent was represented by TAYLOR WESSING and its proceedings were handled in German The third opposition filed on December 20, 2020 by ACOFARMA DISTRIBUCION, S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and its proceedings were handled in English

It was designated 'Basic Application' for International Application 1603356 at the World Intellectual Property Organization (WIPO).

The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).

The Appeal with reference B R1556/2022-1 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on April 25, 2023 by the EUIPO. The Opposition with reference B 003137705 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 28, 2022 by the EUIPO. The null with reference B T-347/23 was Decision confirmed according to null with decision issued on September 3, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. In-vitro diagnostic agents and reagents for medical purposes
    2. Enzymes for medical purposes
    3. Blood or blood plasma for medical purposes
    4. Hormones for medical purposes
    5. Steroids
    6. Immunostimulants
    7. Plant or herbal extracts for medical purposes
    8. Phytotherapy preparations
    9. Ferments or milk ferments for medical purposes
    10. Malt for medical purposes
    11. Magnesia and minerals for medical purposes
    12. Dietary supplements, in particular glucose
    13. Amino acids for medical purposes
    14. Peptones for medical purposes
    15. Medicinal herbs
    16. Propolis dietary supplements
    17. Starch for dietetic or medical purposes
    18. Neutraceutical preparations for medical purposes
    19. Vitamin preparations
    20. Sugar or glucose formulations for dietary or medical purposes
    21. Herbal teas for medical purposes
    22. Dried or freeze-dried food adapted for medical purposes
    23. Anti-oxidant pills
    24. Medical beverages
    25. Oxygen baths
    26. Camphor for medical purposes
    27. Greases for medical purposes
    28. Medicinal roots
    29. Contact lens cleaning preparations
    30. Medicinal alcohol
    31. Adhesive tapes for medical purposes
    32. Bandages and bands for medical use
    33. Cushion bandages for dressings
    34. Hemostatic pencils
    35. Diapers for incontinence
    36. Absorbent pants for incontinence
    37. Test strips for the detection of blood components or blood testing, in particular for measuring glucose, ketone bodies or cholesterol
    38. Tampons
    39. None of the above products being related to intestinal health and/or the treatment of gastrointestinal upset.
  • The mark was filed in class 9 with following description of goods:
    1. Computer software and computer hardware for medical and diagnostic purposes, in particular in the field of diabetes
    2. Computer software for use in evaluation, verification and administration of medical data, in particular in the field of diabetes
    3. Computer software and computer hardware for the connection of medical apparatus and devices and additional hardware, in particular for use in the field of endocrinological and cardiovascular diseases, as well as accessories of the aforementioned goods, namely, personal digital assistants (PDAs) and handheld, data storage instruments with multiple functions and all kinds of corresponding machine-readable data carriers equipped with programs for use by patients and physicians
    4. Infrared interfaces for the transfer of device commands and configuration information from a personal computer to medical devices, in particular blood glucose meters, insulin pumps, and vice versa
    5. Modems for transferring patient data from diagnostic equipment to a remote site
    6. Cables for the connection of computers and computer accessories with medical apparatus and instruments
    7. Short-range wireless interconnection, in particular for mobile phones, computers and other electronic devices
    8. IoT-Connections (GSM)
    9. Online electronic publications (downloadable)
    10. Body weight scales.
  • The mark was filed in class 10 with following description of goods:
    1. Devices and instruments for the measurement and monitoring of vital parameters in the human or animal body, in particular diabetes and kardiology associated parameters
    2. Heart rate monitoring apparatus
    3. Pulsoxymetry
    4. Apparatus for conducting in-vitro diagnostic tests for medical purposes
    5. Heart pacemakers
    6. Defibrillators
    7. Brain pacemakers
    8. Blood pressure measuring devices
    9. ECG measuring devices
    10. Spirometers
    11. Dialyzers
    12. Drainage tubes for medical purposes
    13. Cannulae
    14. Inhalers
    15. Trocars
    16. Disposable syringes for injections
    17. Pen systems for the treatment of diabetes
    18. Lancets and lancet devices
    19. Insulin pumps and accessories thereof for personal care, namely, glass and plastic cartridges, cartridge filling sets, catheters, infusion sets and tubing, pen needles, disposable syringes, adapters, ampoules, and filling devices
    20. Blood analyzers
    21. Blood glucose, glucose from interstitial fluid or other compartments monitors or meter devices, in particular for spot measurements and continuous monitoring
    22. Cholesterol meters
    23. Apparatus for the detection of blood components or blood testing, in particular for measuring glucose, ketone bodies or cholesterol
    24. Body fat monitors
    25. Body composition monitors
    26. Orthopedic footwear, in particular boots for medical purposes
    27. Supportive orthopedic bandages
    28. Pull-on dressings compression stockings
    29. Cooling pads for first aid purposes
    30. Clothing for operating rooms
    31. Furniture adapted for medical purposes
    32. Acupuncture needles.
  • The mark was filed in class 35 with Data management.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Communications by computer terminals
    3. Proving internet chatrooms
    4. Message sending
    5. Providing online forums
    6. Streaming of data
    7. Data transfer
    8. Leasing of access times to databases and internet platforms in the field of medical services.
  • The mark was filed in class 41 with Providing of training, education and tuition for medical purposes, in particular for medical tuition.
  • The mark was filed in class 42 with following description of goods:
    1. Scientific research services for medical purposes
    2. Scientific laboratory services
    3. Clinical trials
    4. Biochemical analysis
    5. Computer programming
    6. Electronic data storage
    7. Server hosting
    8. Cloud computing
    9. Computer and technology services for securing computer data and personal information
    10. Monitoring of and storing patient data, via telecommunication means
    11. All of the above-mentioned services exclusively for medical purposes and medical data or patient data.
  • The mark was filed in class 44 with following description of goods:
    1. Medical services in the field of human and veterinary health management, in particular in the field of diabetes and kardiology
    2. Provision of information, consultation, documentation and surveillance of patient data, in particular in the field of diabetes and kardiology, also via medical databases
    3. Telemedicine services, data transfer via short-range wireless interconnection and / or IoT-Technology (GSM)
    4. Pharmacy advice.