The trademark coscom was filed by Franz Harrer, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 20, 2021, and received one opposition filed on December 18, 2021 by COSCOM Computer GmbH on Likelihood of confusion. the opponent was represented by KÜRN RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 18, 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:
Software for the documentation, visualisation, calculation and analysis of the blood lactate values and performance status of test persons/patients with integrated functions for training control and the evaluation of sports medical parameters, and for the control of ergometers
Treadmill ergometers
Ladder ergometers
Bicycle ergometers
Stair climbing ergometers
Arm ergometers
All being for ergometry and physiological performance measurement
Interface boards, interface converters and interface data protocols for treadmill ergometers, ladder ergometers (climbing apparatus), bicycle ergometers, Stair climbing ergometers (step machines), arm ergometers, cross walkers (full-body trainers), Swimming simulation training equipment, Wheelchair ergometers and Other medical ergometers for rehabilitation, cardiology and ergospirometry (for stress tests), medical instruments and apparatus for medical applications, namely for data management and peripheral devices therefor
Reaction time-measuring and reaction time-improving apparatus
Software for the documentation and control of rehabilitative and sports medical activities
Control software for all the aforesaid instruments and apparatus, and for peripheral devices therefor
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Data processing equipment and computer hardware and software, included in class 9 (other than for the manufacturing industries, CAD CAM, MDE BDE, PZE, DNC, detailed planning and control rooms, tool management, production data management, OEE, MES, production data management with regard to CAD/CAM/simulation, tool management, DNC networks, MDE/BDE detailed planning systems with standard interfaces for ERP/PPS and personnel systems)
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs, digital memories
Calculating devices, Coin-operated mechanisms
Cash registers
Video systems and magnetic systems for the recording, analysis and simulation of movements
Strength-measuring apparatus, weight and pressure-measuring apparatus.
The mark was filed in class 10 with following description of goods:
Orthopaedic aids, namely walking aids
Strain-relief apparatus with patient jackets and traction apparatus, and physical therapy apparatus for the locomotion and mobilisation of patients
Treadmill, Ladder apparatus (endless ladder climbing apparatus), bicycles, stair climbing ergometers (step machines), Arm exerciser, Cross walkers (full-body trainers), swimming simulation training apparatus, Wheelchair trainers for orthopedic training, orthopedic rehabilitation, mobilisation and for muscle building
Cable control apparatus with weights and electronically controlled load simulation, for rehabilitation purposes
Rehabilitation apparatus
Cable control apparatus and power training equipment for physiotherapy
Transport apparatus, namely hydraulic arms, pneumatic arms and electromechanically operated arms for the disabled
Active and passive movement apparatus for rehabilitation purposes (motor-operated apparatus for moving limbs)
Artificial limbs
Technical medical apparatus and instruments
Surgical apparatus and instruments
Medical instruments and apparatus for medical applications, in particular for research, diagnostic, therapeutic and patient-monitoring purposes, including ultrasound imaging devices
Cardiovascular, cardiographic, respiratory, monitoring and recording instruments
Resuscitation equipment, in particular defibrillators
Cabinets, transit cases, housings, racks and other furniture, exclusively for medical equipment and the peripheral devices therefor
Parts, accessories and spare parts for all the aforesaid instruments and apparatus.
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting equipment, Namely treadmills, Ladder apparatus (""endless ladder"" climbing apparatus), Bicycle ergometers, Stair-climbers (""steppers""), Arm strengtheners, Cross trainers (""full body trainers""), Swimming simulation training apparatus, Wheelchair trainers, Sprint trainers (traction support and tensile resistance trainers)
Games and playthings, gymnastic and sporting articles, included in class 28, fitness apparatus
Electronic, mechanical, hydraulic and pneumatic power training equipment.