The trademark SYRENA was filed by Jens Kumposcht, a national of the Federal Republic of Germany (the "Applicant") and Manuel Pervan, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on March 15, 2021, and received one opposition filed on June 14, 2021 by Blue Note Therapeutics, Inc. on Likelihood of confusion. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 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:
Computer software
Application software
Application software for social networking services via internet
Computer software to enable the provision of information via the Internet
Computer software to enable the provision of information via communications networks
Communication software
Interactive entertainment software
Training software
Software for online messaging
Instant messaging software
Downloadable instant messaging software
Software for mobile phones
Mobile software
All of the aforesaid for use in pelvic floor training, and related entertainment and psychotherapy for women, and none of the aforesaid for diagnosing and treating comorbidities of cancer.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Swimming equipment
Bags specially adapted for sports equipment
Articles for playing golf
Inflatable balls for sports
Balls being sporting articles
Benches for sporting use
Rhythmic gymnastics ribbons
Stomach exercisers
Leg weights [sports articles]
Boule games
Boxing gloves
Chest expanders [exercisers]
Finger stretching resistance bands
Exercise bands
Machines for physical exercises
Machines incorporating weights for use in physical exercise
Apparatus for achieving physical fitness [for non-medical use]
Appliances for gymnastics
Ankle and wrist weights for exercise
Body protectors for sports use
Body training apparatus [exercise]
Dumb-bells
Kettle bells
Bar-bells
Exercise treadmills
Nordic walking poles
Paddleboards
Punching bags
Rowing machines
Protective paddings [parts of sports suits]
Exercise pulleys
Sit up benches
Sports training apparatus
Skipping ropes
Exercise balls.
The mark was filed in class 38 with following description of goods:
Message sending
Transmission of electronic mail
Electronic messaging
Online messaging services
Telephone messaging services
Instant electronic messaging services
Electronic transmission of mail and messages
Electronic mail and messaging services
Mail services utilising the internet and other communications networks
Providing on-line chatrooms and electronic bulletin boards for transmission of messages amongst users
Audiovisual communication services
All of the aforesaid for use in pelvic floor training, and related entertainment and psychotherapy for women, and none ofthe aforesaid for diagnosing and treating comorbidities of cancer.
The mark was filed in class 41 with following description of goods:
Publishing, reporting, and writing of texts
Teaching
Educational instruction
Entertainment services
Providing computer assisted courses of instruction
Education services relating to medicine
Electronic data processing training
Computer training
Provision of training courses
Arranging of training courses
Conducting instructional courses
Organisation of training courses
Practical training [demonstration]
Conducting of classes
Self-awareness courses [instruction]
Conducting of courses relating to business management
Conducting classes in weight reduction
Organisation of courses using distance learning methods
Conducting classes in weight control
Conducting of educational courses
Arranging of workshops and seminars
Organisation of courses using programmed learning methods
Conducting courses, seminars and workshops
Conducting physical fitness conditioning classes
All of the aforesaid for use in pelvic floor training, and related entertainment and psychotherapy for women, and none ofthe aforesaid for diagnosing and treating comorbidities of cancer.
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Development, updating and maintenance of software and database systems
Science and technology services
Testing, authentication and quality control
Design services
Providing medical and scientific research information in the field of pharmaceuticals and clinical trials
Consultancy relating to research and development in the field of therapeutics
Consultancy pertaining to pharmacology
Provision of information and data relating to medical and veterinary research and development
Providing information about the results of clinical trials for pharmaceutical products
Biological research, clinical research and medical research
Scientific research and development
Medical research
Clinical research
Scientific research in the field of social medicine
All of the aforesaid for use in pelvic floor training, and related entertainment and psychotherapy for women, and none ofthe aforesaid for diagnosing and treating comorbidities of cancer.
The mark was filed in class 44 with following description of goods:
Psychological counseling
Consultancy relating to integral psychology
Provision of information relating to psychology
Psychotherapy services
Holistic psychotherapy
Psychological diagnosis services
Psychological treatment
Providing psychological treatment
Counselling relating to the psychological treatment of medical ailments
Pharmaceutical advice
Consultancy and information services provided via the Internet relating to pharmaceutical products
Consultancy and information services relating to pharmaceutical products
Medical services
Health counselling
Hygienic care for human beings
Managed health care services
Health centre services
Dietary and nutritional advice
Consultancy services relating to slimming
Nutritional advice
Information services relating to health care
Health advice and information services
Providing nutritional information about food
Providing health care information by telephone
Monitoring of patients
Professional consultancy relating to health care
Health care consultancy services [medical]
Nutrition counseling
Consulting services relating to health care
Professional consultancy relating to health
Consultation relating to bio-rhythms
Advisory services relating to weight control
Advisory services relating to diet
Advisory services relating to weight loss
Provision of information relating to nutrition
Occupational therapy services
Pathology services relating to the treatment of persons
Providing weight loss program services
Weight reduction services
Rest home services
Nutrition consultancy
Diet planning and supervision
Convalescent home services
Nursing home services
Medical and healthcare clinics
Weight reduction diet planning and supervision
Fitness testing
Insomnia therapy services
Health screening
Providing smoking cessation treatment services
Development of individual physical rehabilitation programmes
Occupational therapy and rehabilitation
Nutrition and dietetic consultancy
Dietetic advisory services
Professional consultancy relating to nutrition
Weight control evaluation
Preparation of reports relating to health care matters
Health risk assessment surveys
Health assessment surveys
Providing health information
Health care relating to relaxation therapy
Health care services offered through a network of health care providers on a contract basis
Physical rehabilitation
Meditation services
Medical and healthcare services
Assisting individuals to stop smoking
Dietetic counselling services [medical]
Weight-reduction programmes (Planning of -)
Services for the planning of weight reduction programmes
Rehabilitation of alcohol addicted patients
Rehabilitation of drug addicted patients
Reiki services
Medical counseling relating to stress
Therapeutic treatment of the body
Therapy services
Providing information relating to dietary and nutritional guidance
Providing information relating to dietary and nutritional supplements
Providing information relating to physical examinations
Providing information about dietary supplements and nutrition
Supervision of weight reduction programmes
Individual and group psychology services
Occupational psychology services
Provision of information relating to behavioural modification
Counselling relating to the psychological relief of medical ailments
Consultancy services relating to personal behaviour
Providing mental rehabilitation facilities
Psychotherapists' services
Psychiatric services
Services of a psychologist
Conducting of psychological assessments and examination
Psychiatric testing
Personality assessment services [mental health services]
Personality testing [mental health services]
Psychological testing services
Psychological examination
Preparation of psychological reports
Preparing psychological profiles
Preparation of psychological profiles for medical purposes
Psychological testing for medical purposes
Psychometric testing for medical purposes
Psychological assessment services
Psychological counseling services in the field of sports
Personality testing for psychological purposes
Psychiatric consultation
Psychological counseling of staff
Psychological care
Psychological assessment and examination services
Psychological therapy for infants
Behavioural analysis for medical purposes
Advisory services relating to medical problems
Advisory services relating to medical services
Residential medical treatment services
Residential medical advice services
Medical care
Physician services
Consultancy and information services relating to medical products
Advisory services relating to medical apparatus and instruments
Providing medical support in the monitoring of patients receiving medical treatments
Alternative medicine services
Private hospital services
Medical assistance
Gynecology services
Medical clinic services
Paramedical services
Services for the preparation of medical reports
Conducting screenings for cardiovascular disease risk factors
Conducting sleep studies for medical diagnostic or treatment purposes
Medical testing services relating to the diagnosis and treatment of disease
Medical examination of individuals (Provision of reports relating to the -)
Performing diagnosis of diseases
Providing on-line information relating to oncology
Providing medical information in the healthcare sector
Providing medical information in the field of weight loss
Providing medical information
Health screening services in the field of sleep apnea
Individual medical counseling services provided to patients
Public health counseling
Technical consultancy services relating to medical health
Medical services in the field of treatment of chronic pain
Medical examinations
Telemedicine services
Providing information relating to nursing care services
Compilation of medical reports
Provision of information relating to medicine
Provision of pharmaceutical information
Pharmacy advice
Consultancy and information services relating to biopharmaceutical products
Advisory services relating to pharmaceuticals
Preparation and dispensing of medications
Providing information relating to the preparation and dispensing of medications
All of the aforesaid for use in pelvic floor training, and related entertainment and psychotherapy for women, and none ofthe aforesaid for diagnosing and treating comorbidities of cancer.