The trademark M MEDIAN The Imaging Phenomics Company was filed by MEDIAN TECHNOLOGIES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on October 8, 2020, and received one opposition filed on January 7, 2021 by MEDIAN Kliniken GmbH on Likelihood of confusion. the opponent was represented by MAIKOWSKI & NINNEMANN PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2021
The application was filed in French, and French 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:
Computer software relating to the medical field
Artificial intelligence software
Medical software for processing and displaying anatomical images on imaging machines
Software for processing images, graphics and text
Software for processing digital images of the anatomy for diagnosis and treatment
Computer software for interpretation of anatomical analyses provided by diagnostic imaging equipment
Computer software for organising and viewing digital images and photographs
Computer software for processing digital image
Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files
Computer software for use in the backup of digital files, including audio, video, text, binary, still images, graphics and multimedia files
Computer hardware and software for medical imaging apparatus
Computer software for medical imaging equipment, namely for interpreting the results of CT scanners.
The mark was filed in class 35 with Management, collection, compilation and updating of computer databases in the medical field.
The mark was filed in class 42 with following description of goods:
Medical and scientific research in the field of medical imaging
Medical and scientific research in the field of medical imagery using artificial intelligence and/or data science technology
Platforms for artificial intelligence as software as a service [SaaS]
Software as a service [SaaS]
Scientific research for medical purposes in the field of cancerous diseases and other pathologies
Providing of a website featuring online non-downloadable software tools for image editing
Clinical trials
Clinical oncological trials
Design, development, installation, maintenance, rental and updating of computer software in the medical field
Design, development, installation, maintenance, rental and updating of image processing software for medical imaging
Development, maintenance and recovery of computer databases in the medical field
Providing of online non-downloadable medical software for interpreting neurological and cerebral analyses, provided by diagnostic imaging equipment for the analysis and prognosis of multimodal medical imaging for personalised medicine.
The mark was filed in class 44 with following description of goods:
Medical imaging services
Medical assistance services in the form of medical information provided remotely to healthcare professionals via the internet and global computer networks through the use of archived medical images and a data storage and recovery system
Consultancy in the field of medical imaging
Consultancy in the field of medical imaging relating to the use and operation of medical imaging apparatus, including X-ray, CT scanning, magnetic resonance imaging, ultrasound and positron emission tomography apparatus
Providing of information relating to the use of diagnostic medical imaging apparatus via a website
Providing of information, advice and data on medical imaging
Consultancy in the field of medical imaging
Medical imaging analysis in the field of clinical testing.