The trademark application ENGINEERING THE EXTRAORDINARY was filed by Medtronic, Inc., a U.S. corporation (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
The Appeal with reference B R0222/2022-2 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on July 25, 2022 by the EUIPO. The Refusal with reference B 018444582 was Rejected according to Article 7(1)(b) EUTMR with decision issued on December 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Allograft material, namely, human bone and tissue used for surgical implants
Bio-absorbable bone implants comprised of living tissue
Biological tissue grafts
Biological bone tissue intended for subsequent implant
Implants comprising living tissue
Natural biomaterials for augmentation of bone and tissue for medical purposes
Prepared collagenous biological dermal tissue intended for subsequent grafting, transplantation and deep tissue support during plastic surgery and reconstructive surgery in injectable and non-injectable form
Medical preparations for the treatment, reconstruction, re-contouring and repair of human tissue
Skin grafts
Bone wax for use in surgical procedures
Bone cement containing opacifiers for medical use, bone cement for surgical use
Bone cement for orthopedic use
Medical lubricants used with surgical instruments for improved action during surgical procedures
Gauze
Dressings for surgery
Medical and surgical dressings
Injectable bioresorbable nasal dressing for medical purposes
Topical human tissue adhesives for medical purposes
Surgical and wound dressings for human and animal use, gauze and medical adhesive tapes
Gauze, surgical bandages
Gauze and surgical bandages featuring embedded radio-frequency identification (RFID) tags
Aortic heart valves of living tissue as surgical implants
Non-adhesive material medically injectable as a liquid which then solidifies for use in the treatment of vascular disorders
Standardized blood samples in cartridge form used as controls to verify performance of blood coagulation monitoring equipment.
The mark was filed in class 9 with following description of goods:
Downloadable and recorded computer software and computer programs for use in inventory management, all for use in the medical and/or pharmaceutical fields
Computer hardware and downloadable and recorded software for medical imaging apparatus for tracking the position of the patient and medical instruments and devices
Downloadable and recorded computer software for surgical equipment management, surgical navigation and planning, and patient monitoring and management
Computer hardware and downloadable and recorded software for use with medical patient monitoring equipment, for receiving, processing, transmitting and displaying data
Downloadable and recorded computer software for controlling medical ventilators
Downloadable and recorded computer software for medical imaging in the field of medical diagnostics
Recorded software and firmware for use in operating electrosurgical generators and radio frequency receivers, transmitters and structural parts thereof all for use in transmitting medical and health information and data
Downloadable electronic publications, namely, journals, manuals, bulletins, pamphlets, booklets, reports, brochures and magazines relating to medicine, surgery, pharmaceuticals and/or healthcare
Downloadable health questionnaires to be completed by patients
Downloadable forms and downloadable health questionnaires
Software for medical devices
High resolution graphic computer hardware and software, tracking arrays, camera arrays for tracking the position of a patient and of instruments during image guided surgery.
The mark was filed in class 10 with following description of goods:
Surgical devices and instruments
Surgical instruments and apparatus
Surgical and medical apparatus and instruments for use in general surgery
Medical devices, namely, surgical devices that facilitate the identification, separation or ablation of biologic tissues
Medical and surgical laparoscopes and catheters
Implants consisting of artificial materials
Surgical and medical apparatus, appliances and instruments, namely, medical apparatus and instruments for diagnosing, monitoring or treating cardiac rhythm conditions, cardiovascular disease, spinal conditions and musculoskeletal trauma, ear, nose and throat conditions, dental, cranial, and oral maxillofacial conditions, neurological conditions, urological and digestive conditions, and diabetes
Medical apparatus and instruments for providing surgical navigation and planning cardiac rhythm management apparatus
Implantable neurological pain, tremor, incontinence and spasticity management apparatus
Biomedical apparatus, namely, nerve stimulator apparatus and electronic muscle stimulators for medical purposes
Medical apparatus and instruments, namely, drug dispensing implantable pumps, programmers, vascular catheters, access ports, and pouches and parts therefor prosthetic and bioprosthetic heart valves
Catheters
Medical apparatus and instruments, namely, anastomotic couplers and cardiac stabilizers used during cardiac surgery
Defibrillators, patient simulators for automatic defibrillators, cardiac pacemakers, pacemaker controllers, pacemaker leads and electrodes, pacemaker cables, pacemaker function analyzers and monitors
EKG machines, transmitters and receivers
Electrocardiographs and ECG recorders
Stents
Hydrocephalic shunts
Blood transfusion apparatus and transfusion sets
Medical imaging apparatus
Medical and surgical catheters
Surgical and medical navigation systems for use in initially locating then tracking the position of a patient and of instruments during image guided surgery
Medical apparatus and instruments.
The mark was filed in class 35 with following description of goods:
Business consulting services to providers of healthcare services
Business consulting services in cost management, medical billing and coding, office management, data analytics and mobile technology for healthcare service providers
Consultation regarding the selection and purchase of medical and surgical equipment, apparatus, appliance and instruments
Promoting public interest and awareness of disease management, medical treatments and surgical procedures
Promoting public awareness of healthcare and preventive medicine in personal health, exercise and healthy lifestyle choices, in treatment of illnesses and chronic conditions, and in proper medical waste disposal
Promoting public awareness of environmental matters
Promoting public awareness with healthcare professionals and consumers of medical and surgical techniques
Promoting public awareness with healthcare professionals and consumers about health wellness and disease management.
The mark was filed in class 36 with following description of goods:
Charitable foundation services, namely, providing financial assistance for programs and services of others
Charitable services in the field of monetary donations
Financial sponsorship of sporting events, symposiums, expositions
Providing educational scholarships: providing surgical fellowships in the nature of providing grants for medical and scientific education and research
Providing grants for medical and scientific education and research
Providing grants to organizations dedicated to increasing access to quality healthcare, providing grants to organizations dedicated to benefiting the health of particular communities
Providing grants to organizations dedicated to supporting the development of new treatments for or new approaches to the prevention of health problems
Providing grants to organizers of conferences and meetings in the medical field
Providing grants to training institutes in the medical field
Providing extended warranties for medical products
Warranty services, namely, service contracts.
The mark was filed in class 37 with Installation, maintenance, refurbishment, and repair of surgical and medical equipment, appliances and instruments.
The mark was filed in class 38 with Wireless communication services, namely, electronic transmission of medical data from medical devices by mobile communication devices to medical providers and transmission of sound, picture and data signals..
The mark was filed in class 40 with following description of goods:
Recycling of medical products for the re-manufacture and reuse of the products
Anti-calcification treatment of biological organ tissue intended for subsequent implantation
Treatment of human bone for surgical implants.
The mark was filed in class 41 with following description of goods:
Medical and surgical training and teaching
Training in the use and operation of medical equipment, namely, medical devices and surgical instruments and consultation relating thereto
Educational services, namely, conducting classes, seminars, conferences, exhibits and workshops in the fields of human health, healthcare, medical devices, medical research, surgery, medical science and medicine and distribution of training materials in connection therewith
Educational services, namely, providing online instruction in the field of human health, healthcare, medical devices, medical research, surgery, medical science and medicine
Educational services, namely, mentoring in the field of surgery and wound-care management
Providing online digital publications in the nature of brochures, newsletters and magazines in the field of human health, healthcare, medical devices, medical research, surgery, medical science and medicine via the internet
Interactive online training courses in the field of medical devices and surgical procedures
Providing non-downloadable educational videos accessible online pertaining to medical devices
Providing an incentive award program to encourage individuals to set and achieve exercise and healthy lifestyle goals.
The mark was filed in class 42 with following description of goods:
Providing online temporary use of non-downloadable computer software used for monitoring, tracking, managing and conducting healthcare, surgical procedures and medical treatment
Computer services, namely, providing an online database featuring technical information concerning the development and design of medical devices, and for collecting and sharing performance data related to the development and design of medical devices
Technical consultation regarding the development of medical apparatus
Hosting online web facilities for patients and healthcare professionals for the purpose of sharing information regarding medical procedures
Hosting a website featuring information about investigational medical devices
Hosting an interactive website featuring technology that allows users to access clinical studies, white papers, and reference guides in the field of medicine
Design, development, installation, repair, maintenance and updating of computer software
Providing temporary use of online non-downloadable computer software and mobile applications for creating, offering, hosting and delivering online demonstrations and presentations in the field of medical devices and surgical procedures
Providing temporary use of online non-downloadable computer software and mobile applications to assist healthcare professionals with programming medical devices
Providing temporary use of online non-downloadable computer software and mobile applications for use in diabetes management
Providing temporary use of online non-downloadable computer software and mobile applications for monitoring, searching, tracking and reporting data in the field of diabetes
Medical research in the field of medical and surgical apparatus, appliances, instruments and therapies
Medical research in the development of surgical techniques and procedures
Design and development of medical and surgical products, apparatus, equipment, instruments and preparations, and advisory services thereto
Communication hotline services for providing technical support, counseling and assistance in the area of diagnostic and procedural coding to medical professionals for purposes of reimbursement from insurance
Technical support services, namely, providing technical advice in the field of installation, maintenance, refurbishment, and repair of surgical and medical equipment, appliances and instruments
Technical consultation in the field of medical and surgical equipment, apparatus, appliance and instruments.
The mark was filed in class 44 with following description of goods:
Providing medical information, consultancy and advisory services
Medical imaging services
Medical diagnostic testing, monitoring and reporting services
Charitable services, namely, donating medicine and medical equipment to underserved communities
Charitable services, namely, providing medical equipment and services to underserved communities
Leasing of medical equipment
Providing an internet website for medical professionals and patients containing medical information from remote locations via electronic patient monitoring devices that feed information to the website that can be accessed in real-time by medical professionals for purposes of monitoring and diagnosing medical conditions
Providing online medical record analysis services designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms
Professional consultation in the field of medical and surgical equipment, apparatus, appliance and instruments
Consultation services, namely, providing medical information to medical professionals to assist in the diagnosis and treatment of patients
Medical consultation with physicians regarding the use of medical apparatus for treatment of patients
Consultation on medical care, medical therapy and surgery
Patient support program, namely, providing medical information to patients evaluating therapeutic treatment options
Providing medical information to patients in the field of surgery preparation
Maintaining patient medical records and files in preparation for surgery
Providing medical information and healthcare information for healthcare providers from an online computer database
Online medical evaluation services, namely, functional assessment program for patients who are about to receive medical treatment services for purposes of guiding treatment and assessing program effectiveness
Home health care services in the nature of interactive medical care monitoring for patients
Managed healthcare services, namely, providing disease management programs to others
Philanthropic services in the nature of donating medicine and medical equipment to victims of disasters and humanitarian crises
Philanthropic services in the nature of donating medicine and medical equipment for medical missions
Providing medical data and healthcare information including clinical studies, case studies, white papers and reference material for healthcare providers from an online computer database
Providing consumer information in the fields of medical diagnostics, medical, surgical and healthcare products, equipment and services.