The trademark MEDMIX was filed by Medmix AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on July 26, 2021, and received one opposition filed on October 24, 2021 by Mexon Ltd. on Likelihood of confusion. the opponent was represented by Georgieva-Tabakova, Milena Lyubenova and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on September 28, 2021.
Goods And Services
The mark was filed in class 5 with following description of goods:
Insulin injectors sold filled with insulin
Pre-filled pens and syringes for medical purposes
Aids for applying pharmaceuticals, namely sponges and spatulas.
The mark was filed in class 7 with following description of goods:
Pneumatic grease guns
Spray guns for paint
Compressed air guns for extrusion of mastics
Accessories for dispensing guns, namely nozzles, flexible pipes, brushes, paintbrushes, rollers that may be attached to dispensing guns [being parts of machines]
Cartridges [being parts of machines] for dispensing one component or multi-component materials
Machines (mixers) for mixing and dispensing used for industrial applications in the field of the reaction and mixing technology
Mixing tips [being parts of machines] for use with dispensing apparatus for two-part compounds for industrial applications
Mixing devices (machines) for the industrial use in the field of the reaction and mixing technology, in particular in the form of containers, mixers, closing caps and securing rings and nozzles which may be attached to mixers, and extensions tubes which may be attached to dispenser guns, and dispenser cartridges for dispensing glues and construction materials
Components, replacement parts and accessories for all the aforesaid goods (in so far as contained in this class)
All aforementioned goods for use in the field of the reaction and mixing technology, particularly for industrial use.
The mark was filed in class 8 with following description of goods:
Guns (hand tools)
Cartridges for hand operated cartridge guns for dispensing one component and multicomponent materials in the field of reaction and mixing technology
Components, replacement parts and accessories for all the aforesaid goods, namely for guns (hand tools)
All aforementioned goods for use in the field of the reaction and mixing technology, particularly for industrial use, or for the cosmetics industry or pharmaceutical industry
Battery operated or pneumatic guns (hand tools).
The mark was filed in class 10 with following description of goods:
Receptacles for applying medicines
Receptacles for applying dental material, namely capsules, tubes and pouches (for medical purposes)
Receptacles for applying medical diagnostic agents
Cartridges for medical purpose, namely cartridges for dispensing one component or multi-component materials
Apparatus for dispensing medical and dental materials, namely pneumatically operated, electrically operated and hand-operated dispenser guns
One component and multi-component cartridges for dispensing dental materials and mixtures
Mixers [being medical apparatus and instruments] for mixing and dispensing dental materials and mixtures
Mixing tips for use with dispensing apparatus for one component composition and multi-component composition for dental applications
Replacement parts and accessories for all the aforesaid goods (in so far as contained in this class)
Hypodermic injectors
Medication injectors
Injection instruments without needles
Injection device for pharmaceuticals
Automatic medical apparatus for dosing humans by injection
Automatic medical apparatus for dosing animals by injection
Apparatus for drug administration
Medical infusion pumps
Surgical, medical, dental and veterinary apparatus, especially cannulas, injection cannulas, lavage cannulas, paste cannulas, blunt cannulas, plastic cannulas, flocked cannulas, cannula tubes, cylinder ampoule syringes, plastic syringes, grip plates, closure caps for syringes, brushes and brush holders
Application systems consisting of tube/nozzle-shaped parts by which means dental materials are brought to a particular site, for dental purposes
Plastic bottles for medicinal purposes
Caps (for medical purposes) and dropper closures (for medical purposes) for aforesaid bottles
Syringes, unidose systems and plastic bottles filled with dental materials.
The mark was filed in class 16 with following description of goods:
Plastics for packaging
Packing materials, namely blister for packaging
Film for wrapping
Paper, cardboard
Paper tissues for removing make-up
Painters' brushes
Face towels of paper
Hand towels of paper
Painting brushes.
The mark was filed in class 20 with following description of goods:
Pegs (pins), not of metal
Containers of plastic
Plastic packaging, in particular plastic containers and plastic closures
Plastic closures in the form of screw-on, snap-on and pushon closures for cosmetic, technical, pharmaceutical and medical applications
Replacement parts and accessories for all the aforesaid goods (in so far as contained in this class)
All aforementioned goods for use in the field of the reaction and mixing technology, particularly for industrial use, or for the cosmetics industry or pharmaceutical industry.
The mark was filed in class 21 with following description of goods:
Household and kitchen utensils
Combs and sponges
Brushes (except paintbrushes), in particular of foam, for applying, cleaning and removing purposes, for cosmetic, technical, pharmaceutical and medical applications
Brush-making materials
Unworked or semiworked glass (except glass used in building)
Glassware, porcelain and earthenware, not included in other classes
Appliances for removing make-up, non-electric
Dish washing brushes
Glass bulbs (receptacles)
Glass containers for cosmetics
Eyebrow brushes
Eyelash brushes
Brooms
Scrubbing brushes
Hair for brushes
Animal bristles for brushes and brush goods
Brushes, in particular for cosmetic and dental purposes
Electric brushes (other than machine parts)
Toothbrushes
Electric toothbrushes
Cosmetic brushes
Brush goods
Electric combs
Comb cases
Balloon glasses (containers)
Lamp-glass brushes
Nail brushes
Exfoliating sponges
Cosmetic powder compacts
Cosmetic compact cases
Hand operated cleaning instruments
Stands for shaving brushes
Brushes for footwear
Non-electric wax polishing appliances for shoes
Toilet cases
Cosmetic utensils
Brushes for applying cosmetics or pharmaceuticals
Applicators for applying cosmetics
Aids for applying cosmetics, namely sponges, spatulas
Cosmetic utensils for applying hair dyes
Containers for cosmetics
Pill boxes for personal use
Replacement parts and accessories for all the aforesaid goods (in so far as contained in this class).
The mark was filed in class 38 with Transmission of health care data.
The mark was filed in class 39 with Filling of pharmaceutical products in syringes, bottles, ampoules and the like and packaging of medicinal and dental products..
The mark was filed in class 42 with following description of goods:
Scientific and industrial research
Technological consultancy
Design services in the fields of science, engineering and information technology
Engineering services, particularly in the field of separators
Development and design of computer programs and engineering services in data processing
Design of programs for data processing
Consultancy in the field of computer science
Planning, execution and monitoring of technical projects
Research and development services regarding new products for third parties, namely contract research and contract development in the field of mechanical engineering, electrical engineering, materials technology
Consultancy services related to all the aforesaid services
All aforementioned services related to dental, medical and drug dispensing and delivery devices or for industrial use in the field of reaction and mixing technology or for the cosmetics industry or pharmaceutical industry.
The mark was filed in class 45 with following description of goods:
Licensing services
Licensing of technology
Licensing of patents
Intellectual property licensing services
Licensing of research and development
Licensing services relating to the manufacture of goods
All of the above services related to dental, medical and drug dispensing and delivery devices or for industrial use in the field of reaction and mixing technology or for the cosmetics industry or pharmaceutical industry.