The trademark SMARTTEST was filed by SMART SAGLIK URUNLERI LABORATUVAR VE ILAÇ SANAYI TICARET ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on March 8, 2021, and received one opposition filed on May 24, 2021 by Immundiagnostik AG on Likelihood of confusion. the opponent was represented by Benedum, Ulrich M. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 24, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003147484 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for pharmaceutical and veterinary purposes
Dietary supplements
Nutritional supplements
Food for babies
Dental preparations and articles, namely teeth filling material, dental impression material, dental adhesives, and material for repairing teeth
Sanitary preparations for medical use
Hygienic pads
Sanitary tampons
Plasters
Materials for dressings
Diapers made of paper and textiles for babies, adults and pets
Preparations for destroying vermin
Herbicides
Fungicides
Preparations for destroying rodents
Deodorants, other than for human beings or for animals
Air purifying preparations
Air deodorizing preparations
Disinfectants
Antiseptics
Detergents for medical purposes
Disinfectant soaps
Antibacterial hand lotions.
The mark was filed in class 10 with following description of goods:
Furniture especially made for medical purposes
Artificial limbs and prostheses
Medical orthopedic articles, namely corsets for medical purposes, orthopedic shoes, elastic bandages, and supportive bandages
Surgical gowns and surgical sterile sheets
Adult sexual aids
Condoms
Babies’ bottles
Babies’ pacifiers
Teats
Teethers for babies
Bracelets and rings for medical purposes, anti-rheumatism bracelets
Anti-rheumatism rings.
The mark was filed in class 35 with following description of goods:
The bringing together, for the benefit of others of a variety of goods, enabling customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues, namely
Medicated cosmetics, dietary supplements for pharmaceutical and veterinary purposes, dietary supplements, nutritional supplements, medical preparations for slimming purposes, food for babies, herbs and herbal beverages adapted for medicinal purposes, dental impression material, dental adhesives and material for repairing teeth, sanitary preparations for medical use, hygienic pads, hygienic tampons, plasters, materials for dressings, diapers made of paper and textiles for babies, adults and pets, preparations for destroying vermin, herbicides, fungicides, preparations for destroying rodents, deodorants other than for human beings or for animals, air purifying preparations, air deodorizing preparations, disinfectants, and
Antiseptics, detergents for medical purposes, medicated soaps, disinfectant soaps, antibacterial hand lotions , furniture especially made for medical purposes, artificial limbs and prostheses, medical orthopedic articles in particular corsets for
Medical purposes, orthopedic shoes, elastic bandages and supportive bandages, surgical gowns and surgical sterile sheets, adult sexual aids, condoms, babies' bottles, babies' pacifiers, teats, teethers for babies, bracelets and rings for medical purposes, anti-rheumatism bracelets, anti-rheumatism rings.
The mark was filed in class 44 with following description of goods:
Beauty care services
Shoeing horses [farrier services]
Agriculture, horticulture and forestry services, landscape design services.