The trademark Go beyond what you see was filed by MEDIAN TECHNOLOGIES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 15, 2021, and received one opposition filed on July 14, 2021 by Sony Interactive Entertainment Europe Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Boult Wade Tennant LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2021
The application was filed in French, and French 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 relating to the medical field
Artificial intelligence software
Medical software for processing and displaying anatomical images on imaging machines
Software for processing images, graphics and text
Software for processing digital images of the anatomy for diagnosis and treatment
Computer software for interpretation of anatomical analyses provided by diagnostic imaging equipment
Computer software for organising and viewing digital images and photographs
Computer software for processing digital image
Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files
Computer software for use in the backup of digital files, including audio, video, text, binary, still images, graphics and multimedia files
Computer hardware and software for medical imaging apparatus
Computer software for medical imaging equipment, namely for interpreting the results of CT scanners
None of the aforesaid being for or in relation to interactive entertainment, interactive entertainment software, computer game software, video game software, hardware for interactive games, computer game hardware and video game hardware.
The mark was filed in class 35 with Management, collection, compilation and updating of computer databases in the medical field.
The mark was filed in class 42 with following description of goods:
Medical and scientific research in the field of medical imaging
Medical and scientific research in the field of medical imagery using artificial intelligence and/or data science technology
Artificial intelligence platform as software as a service [SaaS]
Software as a service [SaaS]
Scientific research for medical purposes in the field of cancerous diseases and other pathologies
Providing of a website featuring online non-downloadable software tools for image editing [PaaS]
Clinical trials
Clinical oncological trials
Design, development, installation, maintenance, rental and updating of computer software in the medical field
Design, development, installation, maintenance, rental and updating of image processing software for medical imaging
Development, maintenance and recovery of computer databases in the medical field
Providing of online non-downloadable medical software for interpreting neurological and cerebral analyses, provided by diagnostic imaging equipment for the analysis and prognosis of multimodal medical imaging for personalised medicine
None of the aforesaid being for or in relation to interactive entertainment, interactive entertainment software, computer game software, video game software, hardware for interactive games, computer game hardware and video game hardware.
The mark was filed in class 44 with following description of goods:
Medical diagnostic services
Medical imaging services
Medical assistance services in the form of medical information provided remotely to healthcare professionals via the internet and global computer networks through the use of archived medical images and a data storage and recovery system
Consultancy in the field of medical imaging
Consultancy in the field of medical imaging relating to the use and operation of medical imaging apparatus, including X-ray, CT scanning, magnetic resonance imaging, ultrasound and positron emission tomography apparatus
Providing of information relating to the use of diagnostic medical imaging apparatus via a website
Providing of information, advice and data on medical imaging
Medical imaging analysis for diagnosis or treatment of persons
Medical imaging analysis for the prognosis and diagnosis of cancer and other pathologies and for the treatment of persons
Consultancy in the field of medical imaging
Medical imaging analysis in the field of clinical testing