The trademark CSI was filed by Rainer Goytia, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on February 7, 2021 by CSI tools BV on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF BELGIUM S.A./N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Filters for respiratory masks
Breathing apparatus, except for artificial respiration
All of the aforesaid goods solely for use for the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators
Software for displaying historical data relating to hypoxic training/therapy, relating to hypoxic hyperoxic training/therapy and to other simulated altitude training/altitude therapy on machines, apparatus or devices including computers, PCs, Lap top, Tablet Smartphone.
The mark was filed in class 10 with following description of goods:
Testing apparatus for medical purposes
Medical analytical apparatus for medical purposes
Physical analyzers for medical use
Electronic analyzers for medical purposes
Photometric analyzers for medical use
Respiratory monitors [medical]
Respiratory masks for medical purposes
Respirators for medical purposes
Breath gas analyzers for medical diagnostics
Medical apparatus for training breathing techniques
Apparatus for the treatment of breathing difficulties
Apparatus for the alleviation of breathing difficulties
Medical apparatus for the treatment of respiratory conditions
Tools for medical diagnostics
Medical diagnostic apparatus for medical purposes
Diagnostic apparatus for medical purposes
Body rehabilitation apparatus for medical purposes
All of the aforesaid goods solely for use for the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators.
The mark was filed in class 28 with Machines for physical exercises and All of the aforesaid goods solely for use for the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators..
The mark was filed in class 35 with Arranging and conducting of commercial events relating to hypoxic training and hypoxic therapy.
The mark was filed in class 41 with Providing of training relating to hypoxic training and hypoxic therapy.
The mark was filed in class 42 with following description of goods:
Software development
Scientific research
Scientific research
Computer aided scientific research services
Scientific research for medical purposes
All of the aforesaid services solely in connection with the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators.
The mark was filed in class 44 with following description of goods:
Services for the provision of medical facilities
Medical equipment rental
All of the aforesaid services solely in connection with the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators.
The mark was filed in class 45 with following description of goods:
Licensing authority services
Licensing of technology
Licensing of patents
Licensing of computer software [legal services]
All of the aforesaid services solely in connection with the aforesaid apparatus, enabling machine-controlled IHT (intermittent hypoxic training/therapy) and/or IHHT (intermittent hypoxic hyperoxic training/therapy) or other forms of altitude training simulators.