The trademark LEOstream was filed by Löwenstein Medical Technology S.A., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on April 25, 2021, and received one opposition filed on July 25, 2021 by LEONINE Holding GmbH on Likelihood of confusion. the opponent was represented by Eversheds Sutherland (Germany) Rechtsanwälte Steuerberater Solicitors Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 25, 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 use in healthcare and for medical applications
Respiratory apparatus software
Downloadable mobile application software for providing educational information in the field of medical applications
Downloadable mobile application software for providing medical data
Downloadable mobile application software for personal support in the field of health and well-being
Computer software for controlling or regulating medical ventilators
Computer software for use in connection with patient management
Computer programs and telecommunications apparatus for medical applications and data
Filters for respiratory masks
Breathing masks
Breathing apparatus, except for artificial respiration
Bioinformatics software
Computer software for wireless content delivery
Computer software relating to the medical field
Computer software for use in remote meter monitoring
Simulation software
Computer software for controlling a medical ventilator
Computer software for patient data and therapy data
All the aforesaid goods and services for use in healthcare and medical applications.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Apparatus for analysing measured physical signals
Testing apparatus for medical purposes
Anaesthesia respiration apparatus
Apparatus for the diagnosis of cardiovascular diseases
Apparatus for the diagnosis of neurological diseases
Apparatus for measuring lung function
Apparatus for analysing brain wave frequencies
Apparatus for determining blood flow
Apparatus for carrying-out diagnostic tests for medical purposes
Apparatus for monitoring vital signs
Respiration monitors for medical use
Sphygmotensiometers
Diagnostic measuring apparatus for medical use
Digital thermometers for medical purposes
Pressure monitors for medical use
Cardiac electrodes
Electrocardiographs
Electrocardiographic recorders
Electromedical diagnostic instruments
Electro medical instruments
Electronic analyzers for medical purposes
Electronic blood oxygen saturation recorders [for medical use]
Electronic blood pressure meters [for medical use]
Electronic heart rate recorders [for medical use]
Electronic carbon dioxide monitors used for medical purposes
Carbon dioxide indicators for medical use
Carbon dioxide detectors for medical use
Electronic carbon dioxide recorders used for medical purposes
Carbon dioxide monitors for use in measuring levels in patients
Medical apparatus for detecting carbon dioxide in the airways
Medical sensors
Breath gas analyzers for medical diagnostics
Electronic temperature recorders for medical use
Fetal pulse monitors
Tools for medical diagnostics
Heartbeat measuring apparatus
Medical apparatus for measuring the oxygen content of blood
Electrocardiograph monitors
Patient monitoring instruments
Physiological monitoring apparatus for medical use
Respiration monitors
Pulse meters for medical purposes
Oxygen sensors for medical use
Telemetry apparatus for medical use
Fetal heart monitors
Apparatus for the treatment of breathing difficulties
Apparatus for the treatment of lung diseases
Artificial anaesthetization apparatus
Apparatus for artificial respiration
Apparatus for producing oxygen for medical use
Apparatus for use in the prevention of snoring
Bracelets for medical purposes
Respirators for artificial respiration
Defibrillators
Inserts for breathing masks for medical use
Powered respirators for artificial respiration
Electrodes for use with medical apparatus
Electrodes for medical use
Electrodes for picking up biological parameters
Artificial sleep apparatus
Cushions [pads] (heating -), for medical purposes
Medical apparatus for the display of tomographic data
Pads for inhibiting snoring
Cardiopulmonary resuscitation masks
Medical apparatus for training breathing techniques
Medical apparatus for facilitating the inhalation of pharmaceutical preparations
Apparatus for administering drugs by inhalation
Medical apparatus for controlling pulmonary gas exchange parameters
Medical apparatus for assisting breathing
Inhalers for medical use
Apparatus (Medical -) for extracting oxygen from the atmosphere
Oxygen inhalers for medical use
Oxygen concentrators for medical applications
Humidifiers for use with respiratory therapy apparatus
Therapeutic facial masks
Masks for use by medical personnel
Oxygen masks for medical use
Moisture exchangers for medical use in transferring the heat of exhaled breath to inhaled breath
Suction apparatus for medical use
Mucus extractors
Electric sputum aspirators
Manual sputum aspirators
Aspiration tubing
Telemetry devices for medical applications
Medical trays
Nebulizers for respiration therapy
Resuscitation apparatus
Heat treatment apparatus
Heat therapy instruments
Patient ventilation instruments
Respiratory masks for artificial respiration
Incubators for babies
Incubators for babies
Ventilator exhalation valves for artificial respiration
Protective breathing masks for artificial respiration
Asphyxial neonates respirators
Ventilator breathing apparatus for artificial respiration
Medical apparatus for the treatment of respiratory conditions
Incubation units
Pulse oximeters
Tomographic instruments for medical use
Respiratory therapy apparatus for loosening and removing bronchial mucus
Apparatus for the alleviation of lung ailments
Anaesthetic apparatus
Anaesthetic masks
Tracheal tubes
Respiratory therapy apparatus for breathing assistance when suffering from coughing diseases
Vaporizers for the treatment of upper respiratory conditions.