The trademark minoo was filed by Midge medical GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 17, 2020, and received one opposition filed on October 18, 2020 by DISTRIBUCIONES MYLAR, S.A.U. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2020
It was designated 'Basic Application' for International Application 1580105 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 8, 2021. Change of name and professional address of the trademark registration was recorded on February 21, 2021.
The Opposition with reference B 003132997 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Medical preparations, In particular diagnostic preparations and materials, Clinical diagnostic reagents, Medical diagnostic test strips, Chemical test reagents [medical], Medical diagnostic reagents and assays for testing of body fluids, Diagnostic biomarker reagents for medical purposes.
The mark was filed in class 9 with following description of goods:
Software to operate a medical grade test device
Cloud computing software for cloud backend management and web based data storage and analysis
Mobile apps, namely apps running on a mobile device for user interaction, test management and test device handling
All the aforesaid goods in connection with medical diagnostics or the conducting of antibody and genetic testing.
The mark was filed in class 10 with Medical instruments, In particular testing apparatus for medical purposes, Medical instruments for infectious disease testing, Diagnostic testing instruments for use in immunoassay procedure [medical], Apparatus for carrying-out diagnostic tests for medical purposes, Automatic analyzers for medical diagnosis.
The mark was filed in class 42 with following description of goods:
Software creation
Computer software consultancy
Providing software as a service
Design and development of computer software for use with medical technology
Design and development of medical technology
Research and development in the field of diagnostic preparations
Design and development of medical diagnostic apparatus
Biochemistry research services
Advisory services relating to biochemistry
Scientific research in the field of genetics and genetic engineering
Research and development services in the field of antibodies
All the aforesaid services in particular in connection with medical diagnostics or the conducting of antibody and genetic testing.
The mark was filed in class 44 with Medical services, In particular medical diagnostics services [conducting of tests and analysis], Medical screening, DNA screening for medical purposes, Medical and health services relating to DNA, genetics and genetic testing, Medical and health services relating to DNA, genetics and genetic testing, Medical testing services relating to the diagnosis and treatment of disease.