The trademark Bivagraph was filed by BIA Systems GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 6, 2020, and received one opposition filed on November 4, 2020 by Akern S.r.l. on Likelihood of confusion. the opponent was represented by Studio Brevetti Turini S.r.l. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2020
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 June 9, 2021. Appointment and Replacement of representative of the trademark registration was recorded on April 10, 2022.
The Opposition with reference B 003134260 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 15, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Phase angle meters
Data processing software for graphic representations
Measuring apparatus
Digital measuring apparatus
Electronic meters
Measuring devices, electric
Squares for measuring
Software
Measuring instruments
Computer software relating to the medical field
Computer hardware
Sensors
Application development software
Cloud servers
Cloud server software
Testing apparatus not for medical purposes.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Diagnostic apparatus for medical purposes
Medical analytical apparatus for medical purposes.
The mark was filed in class 16 with Graphic representations.
The mark was filed in class 42 with following description of goods:
Maintenance of computer programs
Measurement services
Design, development and programming of computer software