The trademark MEDIOS was filed by Medios AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 13, 2020 by Medos Medizintechnik AG on Likelihood of confusion. the opponent was represented by Küster, Brigitte and its proceedings were handled in German The second opposition filed on December 10, 2020 by Actavis Group PTC ehf on Likelihood of confusion. the opponent was represented by ARNASON FAKTOR and its proceedings were handled in English
The application was filed in German, and German 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 2, 2021.
The Opposition with reference B 003136561 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 3, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Cosmetic preparations for body care, other than after-shave lotions, shaving gels, shaving soap, shaving creams, shaving sprays, shaving foam, shaving preparations.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Dietary supplements for animals
Infant formula
Dietetic preparations adapted for medical use
Dietary supplements for humans
Veterinary preparations
Sanitary preparations for medical purposes
Dietetic substances adapted for veterinary use
Medicated animal feed
Dietetic foods adapted for medical purposes
Plasters, materials for dressings
Dressings, medical
Teeth filling material
Dental impression materials
Disinfectants
Vermin destroying preparations
Fungicides
Herbicides
Pharmaceutical preparations for veterinary use
Pharmaceutical preparations for dental use
Pharmaceutical drugs
Chemical preparations for veterinary purposes
Chemical preparations for medical purposes
Biological preparations for veterinary purposes
Biological preparations for medical purposes
Skin care preparations for medical use
Skin care creams for medical use
Medicines for human purposes
Medicines for veterinary purposes
Medicines for dental purposes
Medicine kits (filled)
Medicine cases (filled)
Ointments for pharmaceutical purposes
Tinctures for medical purposes
Health foods for medical purposes
Medicinal tea
Medicinal drinks
Chewing gum for medical purposes
Dietetic beverages adapted for medical purposes
Multi-vitamin preparations
Vitamin preparations
Mineral preparations for medical purposes
Candy, medicated
Preparations for assisting nicotine withdrawal
Diagnostic agents for medical use
Diagnostic preparations for veterinary purposes
Test strips for diabetes, for pregnancy tests and for cholesterol tests
Wadding for medical purposes
Pantyliners
Sanitary tampons
Sanitary panties
Incontinence diapers
Adhesives for dentures
Dental mastics
Disinfectants for hygiene purposes
Detergents for medical purposes
Chemical testing agents for medical purposes, in particular reagents, mass solutions, indicators and nutritive media
Air deodorising and air purifying preparations
Yeast for medical, veterinary or pharmaceutical purposes
Glucose for medical purposes
Pastilles for pharmaceutical purposes
Adhesive tapes for medical purposes
Dental wax
Sanitary towels
Dietetic preparations adapted for medical use
Cytostatics for medical purposes
Cytostatics for pharmaceutical purposes
Pharmaceutical preparations for treating rheumatological diseases
Pharmaceutical preparations for the treatment of cancer
Pharmaceutical preparations
Pharmaceutical preparations for use in oncology
Pharmaceutical preparations for use in chemotherapy
Pharmaceutical preparations and substances for use in oncology
Pharmaceutical preparations for treating malignant tumors
Pharmaceutical preparations for peripheral nervous system
Pharmaceutical preparations for the treatment of central nervous system [CNS] diseases
Pharmaceutical preparations for the treatment of multiple sclerosis
Pharmaceutical preparations for use in hematology
Medicines for the treatment of gastrointestinal diseases
Pharmaceutical creams
Medicated mouth care preparations
Contact lens cleaning preparations
Eyepatches for medical purposes
Sanitary preparations and articles.
The mark was filed in class 9 with following description of goods:
Software
Software for commerce over a global communications network
Containers for contact lenses.
The mark was filed in class 10 with following description of goods:
Sphygmotensiometers
Artificial limbs
Artificial teeth
Artificial eyes
Orthopedic articles
Suture materials
Furniture especially made for medical purposes
Medical diagnostic and therapeutic devices
Medical analytical apparatus for medical purposes
Physical exercise apparatus for medical purposes
Hot air vibrators for medical purposes
Spirometers [medical apparatus]
Hearing aids
Hearing protection devices
Lamps for medical purposes
Massage apparatus
Gloves for massage
Blankets, electric, for medical purposes
Condoms
Gloves for medical purposes
Water bath apparatus for medical purposes, included in class 10
Special receptacles for storing, applying and safe transport of medicines
Sanitary masks for medical purposes
Fingerstalls for medical purposes
Protective visors for medical use
Receptacles for applying medicines
Sterile sheets, surgical
Thermometers for medical purposes
Medical apparatus and instruments
Glucometers
Fingerstalls for medical purposes
Medical gowns
Gloves for medical purposes
Electronic thermometers for medical use
Incontinence sheets
Medical blankets for the warming of patients
Surgical drapes
Sterile sheets, surgical
Sterilised sheets for use on patients during surgery
None of the aforesaid goods for use in clinical surgery or clinical medicine.
The mark was filed in class 29 with Dietetic food, not adapted for medical use, based on fruit or vegetable concentrates, fats, with added fatty acids, vitamins, minerals, trace elements, either singly or in combination.
The mark was filed in class 30 with Dietetic food, not adapted for medical purposes, based on carbohydrates, namely tea, rice, ribbon vermicelli and cereal preparations, with added fibre, vitamins, minerals, trace elements, either singly or in combination.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions services
Business consultancy and advisory services
Professional business consultancy
Public relations services
Arranging of contracts for the purchase and sale of goods and services, for others
Information on professional business matters on the Internet
Business organization consultancy
Sales promotion for others
Market research
Stock management
Mediation of trade business for third parties
Arranging of commercial and business contacts
Procurement services for others [purchasing goods and services for other businesses]
Price comparison services for goods and services
Cost price analysis
Preparation of accounts
Administrative processing of purchase orders
Accounting for electronic order systems
Drawing up inventories for others
Retailing via the internet and via mail order of pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, chemicals for medical and veterinary purposes, surgical, medical, dental and veterinary apparatus and instruments, orthopaedic articles and dietetic food and the bringing together of goods for sales purposes
Television advertising
Radio advertising
Advertising by mail order
Advertising agency services
Dissemination of advertising matter
Online advertising on a computer network
Rental of advertising time on communication media
Publicity material rental
Attracting customers and customer care by means of mail advertising (mailings)
Demonstration of goods
Presentation of goods and services and presentation of companies, including on the Internet and other communication media
Collection of goods, for others, for presentation purposes
The bringing together of goods, for the benefit of others, for sales purposes, Namely medications, Medicaments, Nutritional supplements, Cosmetics, Food for babies, Dietetic food and beverages, Materials for dressings, disinfectants, Preparations for destroying vermin, fungicides, herbicides, Preparations for assisting nicotine withdrawal, Test strips for diabetes, for pregnancy tests and for cholesterol tests, panty liners, tampons, sanitary panties, napkins for incontinents, Adhesives for dentures, contact lenses, Contact lens cleaning preparations, Contact lens containers, Eye patches, Blood pressure measuring apparatus, Prostheses, Massage apparatus, gloves for massage, Condoms, Mouth masks, Protective visors, Receptacles for applying medicines, Thermometers, Medical apparatus and instruments and Blood glucose meters
Distribution of samples
Distribution of advertising material
Updating of advertising material
Writing of publicity texts
Arranging advertising contracts for others
Publicity columns preparation
Shop window dressing
Personnel management assistance
Employment agency services
Updating, maintenance, organisation and compilation of data into computer databases
Management of all the aforesaid services, including using electronic media and the Internet
Commercial or industrial management assistance
Business assistance, management and administrative services
Administration of the business affairs of franchises
Advisory services relating to publicity for franchisees
Advisory services (Business -) relating to the establishment of franchises
Advisory services (Business -) relating to the operation of franchises
Provision of assistance [business] in the operation of franchises
Provision of assistance [business] in the establishment of franchises
Business advisory services relating to the establishment and operation of franchises
Assistance in franchised commercial business management
Assistance in business management within the framework of a franchise contract
Business assistance relating to the establishment of franchises
Providing assistance in the management of franchised businesses
Business management assistance in the field of franchising
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Rental of advertising space
Price comparison services.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Arranging of transportation for travel tours
Supplying home residents with goods from the pharmaceutical and food sector
Shipping/delivery of pharmaceutical, medical and veterinary products to pharmacies, chemists', clinics, wholesalers, doctors' surgeries and medical representatives
Shipping/home delivery of pharmaceutical, medical and veterinary products to patients and end consumers
Logistics in the transport sector
Control of goods in and goods out, and acceptance of goods in the context of transport
Storage of goods
Warehousing (included in class 39), in particular stock control
Custom-compilation of goods (commissioning) in the field of transport logistics
Unloading cargo
Transport
Delivery of goods by mail order
Providing information on the internet on stock movements and the location of goods
Messenger courier services
Rental of storage space.
The mark was filed in class 41 with following description of goods:
Education services relating to business franchise management
Education services relating to business franchise management
Training.
The mark was filed in class 42 with following description of goods:
Science and technology services
Provision of research services
Technological services and design relating thereto
Technological services and research relating thereto
Scientific services and design relating thereto
Scientific services and research relating thereto
Medical and pharmacological research services
Research on the subject of pharmaceuticals
Providing information about industrial analysis and research services
Industrial research
New products (Testing of -)
Testing of raw materials
Inspection of pharmaceuticals
Pharmaceutical product evaluation
Analytical laboratory services
Chemical analytical examinations
Testing, authentication and quality control
Quality checking and testing
Quality control for others
Quality control of raw materials
Quality control of manufactured goods
Product quality testing
Computer aided diagnostic testing services
Laboratory analysis in the field of chemistry
Services for assessing the efficiency of pharmaceuticals
Research and development services
Development of computer programs
Installation, maintenance, updating and upgrading of computer software
Consultancy in the field of computers
Recovery of computer data
Installation of computer software
Duplication of computer programs
Rental of computer software
Rental of computer software and programs
Maintenance of computer software
Computer rental
Software development
Services of an EDP programmer
Technical performance monitoring and analysis of network operation, included in class 42
Implementation of computer programs on networks
Configuration of computer networks by software
Computer security services for protection against illegal network access
Programming of software for Internet platforms
Creating and maintaining web sites for others
Consultancy relating to the design of homepages and Internet pages
Design of home pages
Technical project management in the field of electronic data processing
Rental of web servers
Hosting computer sites [web sites]
Social science consultancy
In particular consultancy with regard to current health policy and economic policy trends, included in class 42
Pharmaceutical research, in particular development of new medicines and formulations, for others
Manufacturing of medicines for others
Certification of medicines for others
Research in databases and on the Internet, for scientific and research purposes
Electronic data storage
Electronic data storage
Providing or rental of electronic memory space on the Internet (webspace)
Styling [industrial design]
Editing, formatting and transfer of data on to blank CDs (premastering)
Updating, installation and maintenance of database software
Scientific analysis of pharmaceutical products
Scientific and technical consultancy with regard to the approval of medicines, for others
Chemical laboratories
Analytical laboratory services
Development and maintenance of computer software
Design, development and programming of computer software
Computer software consultancy
Web site design and creation services.
The mark was filed in class 44 with following description of goods:
Medical services
Animal healthcare services
Human hygiene and beauty care
Hygienic and beauty care for animals
Agriculture, horticulture and forestry services
Pharmacy services, namely the preparation of pharmaceutical formulations and medicines for others on the basis of doctors' prescriptions
Chemist shop services, namely the preparation of medical prescriptions, for others
Dietetic advisory services
Human hygiene and beauty care
Medical screening
Medical analysis services relating to the treatment of persons provided by a medical laboratory
Psychological consultancy for personnel, for medical purposes
Medical consultancy with regard to the approval of medicines, for others