The trademark Aria was filed by Biochemical Systems International S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 26, 2020, and received one opposition filed on January 21, 2021 by Fitbit LLC on Likelihood of confusion. the opponent was represented by Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 21, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Biological preparations for medical purposes
Chemicals for pharmaceutical use
Reagent strips for medical diagnostic use
Glucose control solutions for medical diagnostic use
Diagnostic reagents for medical use
Diagnostic chemical reagents for medical use
Clinical diagnostic reagents
Reactants for medical diagnosis
Biological reagents for medical use.
The mark was filed in class 9 with following description of goods:
Medical application software for blood monitoring for use with personal blood glucose monitors for measuring capillary blood sugar and ketones
Medical application software for monitoring blood glucose via personal blood glucose monitors for measuring capillary blood sugar and ketones
Medical application software for monitoring blood cholesterol and triglycerides
All the aforesaid goods relating to data collection and processing software for self-diagnostic systems for measuring capillary blood sugar and ketones.
The mark was filed in class 10 with following description of goods:
Electronic testing and analysis apparatus for medical diagnostic use, namely, personal blood glucose monitors for measuring capillary blood sugar and ketones
Electronic analysis apparatus for medical diagnostic use, namely, personal blood glucose monitors for measuring capillary blood sugar and ketones
Electronic apparatus, For monitoring blood glucose for medical diagnostic use
Electronic apparatus, For blood monitoring [for medical use]
Electronic apparatus, For monitoring blood cholesterol and triglycerides for medical diagnostic use
Electronic apparatus, For blood monitoring for medical diagnostic use
Electronic apparatus, For urine analysis for medical diagnostic use.