The trademark HyProtect was filed by Bio-Gate AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 19, 2020, and received one opposition filed on January 18, 2021 by Laboratoires Théa (société par actions simplifiée) on Likelihood of confusion. the opponent was represented by HARLAY AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations, Medicinal products and Drugs
Tissue for medical use
Disinfectant-impregnated tissues
Tissues impregnated with pharmaceutical lotions
Sanitary preparations for medical purposes
Plasters
Medical Dressings containing silver
Medical wound dressings containing silver
Wound dressings containing silver
Bandages for skin wounds which bandages contain silver
Materials for dressing wounds which materials contain silver
Sponges for healing wounds which sponges contain silver
Antiseptic preparations for wound care
Tampons for medical purposes
Adhesive bandages for skin wounds which adhesive bandages contain silver
Medical adhesives for binding wounds which medical adhesives contain silver
Absorbent sanitary articles
Panty liners [sanitary]
Impregnated antiseptic wipes
Pharmaceutical preparations for veterinary use, Veterinary products and Drugs
Tissue for veterinary use
Disinfectant-impregnated tissues for veterinary use
Tissues impregnated with pharmaceutical lotions for veterinary use
Sanitary preparations for veterinary purposes
Plasters for veterinary use
Veterinary Dressings containing silver
Veterinary wound dressings containing silver
Wound dressings containing silver for veterinary use
Veterinary bandages for skin wounds which bandages contain silver
Materials for dressing wounds for veterinary use which materials contain silver
Sponges for healing wounds for veterinary use which sponges contain silver
Antiseptic preparations for wound care for veterinary use
Tampons for veterinary purposes
Adhesive bandages for skin wounds for veterinary use which adhesive bandages contain silver
Veterinary adhesives for binding wounds which veterinary adhesives contain silver
Absorbent sanitary articles for veterinary use
Impregnated antiseptic wipes for veterinary use
None of the aforementioned for use in relation with ocular, peri-ocular and sight fields.
The mark was filed in class 9 with following description of goods:
Contact lenses
Protective masks
Filters for respiratory masks
Protective clothing for the prevention of infection
Antimicrobial protective clothing for the prevention of infection
Biohazard suits
Footwear for protection against biological hazards
Clothing for protection against biological hazards
Contact lenses for animals
Protective masks for animals
Filters for respiratory masks for animals
Protective clothing for the prevention of infection for animals
Antimicrobial protective clothing for the prevention of infection for animals
Biohazard suits for animals
Footwear for protection against biological hazards for animals
Clothing for protection against biological hazards for animals.
The mark was filed in class 10 with following description of goods:
Protective masks for use by persons working in medicine and veterinary medicine
Protective masks for use by persons working in the dentistry and veterinary dentistry
Protective masks for use by surgeons during operations
High filter surgical masks
Orthopaedic implants
Implanted protheses
Implants for replacing vertebrae
Medical implants coated with a coating containing silver
Medical implants made of resorbable material which implants are coated with a coating containing silver
Orthopaedic implants coated with a coating containing silver
Implanted protheses coated with a coating containing silver
Implants for replacing vertebrae which implants are coated with a coating containing silver
Capillary drainage tubes coated with a coating containing silver
Biliary drainage catheters coated with a coating containing silver
Surgical tubing for wound drainage which surgical tubing is coated with a coating containing silver
Drainage tubes for medical purposes which drainage tubes are coated with a coating containing silver
Hypodermic needles for use in wound drainage which hypodermic needles are coated with a coating containing silver
Wound drainage pouches coated with a coating containing silver
Urinary drainage bags coated with a coating containing silver
Medical drainage bags for nephrostomy which medical drainage bags are coated with a coating containing silver
Medical drainage bags for collection of abscess which medical drainage bags are coated with a coating containing silver
Medical drainage bags for collection of biliary which medical drainage bags are coated with a coating containing silver
Chest drainage devices for removal of fluids from the pleural cavity of patients which chest drainage devices are coated with a coating containing silver
Catheters coated with a coating containing silver
Medical catheters coated with a coating containing silver
Urethral catheters coated with a coating containing silver
Intracardiac catheters coated with a coating containing silver
Cardiac catheters coated with a coating containing silver
Intravenous catheters coated with a coating containing silver
Balloon catheters coated with a coating containing silver
Electrophysiology diagnostic catheters coated with a coating containing silver
Pouches to be implanted together with medical implants inside the pouches which pouches are coated with a coating containing silver
Surgical meshes
Surgical hernia meshes
Surgical hernia meshes coated with a coating containing silver
Apparatus for administering drugs by inhalation
Apparatus for administering drugs by inhalation which apparatus contain a coating containing silver
Medical devices
Medical devices coated with a coating containing silver
External fixators [splints]
Orthopedic fixation devices
Braces for joint fixation
Biodegradable bone fixation implants
Hooks being fracture fixation devices
Posterior spinal fixation devices for the correction of back defects
Posterior spinal fixation devices for the correction of spinal defects
Femoral nails
Intramedullary nails
Centro-medullary nails
Centro-medullary nails for tibia
Centro-medullary nails for femur
Bone plates
Spine plates [medical apparatus]
Plates for anastomosis of bones
Plates in the nature of orthopaedic surgical implants
Medical screw connections
Screws for bone
Lag screws in the nature of orthopaedic surgical implants
Compressing screws in the nature of orthopaedic surgical implants
Protective mouth masks for veterinary use
Protective nose masks for veterinary use
Veterinary orthopaedic implants
Veterinary implanted protheses
Veterinary implants for replacing vertebrae
Veterinary implants coated with a coating containing silver
Veterinary implants made of resorbable material which implants are coated with a coating containing silver
Veterinary orthopaedic implants coated with a coating containing silver
Veterinary implanted protheses coated with a coating containing silver
Veterinary implants for replacing vertebrae which implants are coated with a coating containing silver
Capillary drainage tubes for veterinary use which capillary drainage tubes are coated with a coating containing silver
Biliary drainage catheters for veterinary use which biliary drainage catheters are coated with a coating containing silver
Surgical tubing for wound drainage for veterinary use which surgical tubing is coated with a coating containing silver
Drainage tubes for veterinary purposes which drainage tubes are coated with a coating containing silver
Hypodermic needles for use in wound drainage in veterinary which hypodermic needles are coated with a coating containing silver
Wound drainage pouches for veterinary use which wound drainage pouches are coated with a coating containing silver
Urinary drainage bags for veterinary use which urinary drainage bags are coated with a coating containing silver
Veterinary drainage bags for nephrostomy which veterinary drainage bags are coated with a coating containing silver
Veterinary drainage bags for collection of abscess which veterinary drainage bags are coated with a coating containing silver
Veterinary drainage bags for collection of biliary which veterinary drainage bags are coated with a coating containing silver
Chest drainage devices for removal of fluids from the pleural cavity of animals which chest drainage devices are coated with a coating containing silver
Catheters for veterinary use which catheters are coated with a coating containing silver
Veterinary catheters coated with a coating containing silver
Urethral catheters for veterinary use which urethral catheters are coated with a coating containing silver
Intracardiac catheters for veterinary use which intracardiac catheters are coated with a coating containing silver
Cardiac catheters for veterinary use which cardiac catheters are coated with a coating containing silver
Intravenous catheters coated with a coating containing silver for veterinary use
Balloon catheters for veterinary use which balloon catheters are coated with a coating containing silver
Electrophysiology diagnostic catheters for veterinary use which electrophysiology diagnostic catheters are coated with a coating containing silver
Pouches for veterinary use which pouches are to be implanted together with veterinary implants inside the pouches and which pouches are coated with a coating containing silver
Surgical meshes for veterinary use
Surgical hernia meshes for veterinary use
Surgical hernia meshes for veterinary use which surgical hernia meshes are coated with a coating containing silver
Apparatus for veterinary administering drugs by inhalation
Apparatus for veterinary administering drugs by inhalation which apparatus contain a coating containing silver
Veterinary devices
Veterinary devices coated with a coating containing silver
External fixators [splints] for use in veterinary
Veterinary orthopedic fixation devices
Braces for joint fixation for veterinary use
Biodegradable bone fixation implants for veterinary use
Hooks being fracture fixation devices for veterinary use
Posterior spinal fixation devices for the correction of back defects for veterinary use
Posterior spinal fixation devices for the correction of spinal defects for veterinary use
Femoral nails for veterinary use
Intramedullary nails for veterinary use
Centro-medullary nails for veterinary use
Centro-medullary nails for tibia for veterinary use
Centro-medullary nails for femur for veterinary use
Bone plates for veterinary use
Spine plates for veterinary use [apparatus for veterinary use]
Plates for anastomosis of bones for veterinary use
Plates in the nature of veterinary orthopaedic surgical implants
Veterinary screw connections
Screws for bone for veterinary use
Lag screws in the nature of veterinary orthopaedic surgical implants
Compressing screws in the nature of veterinary orthopaedic surgical implants.