The trademark Ella was filed by Job Couwenberg, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 14, 2022, and received one opposition filed on August 31, 2022 by Roller GmbH & Co. KG on Likelihood of confusion. the opponent was represented by MASSENBERG ZÜRBIG RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 31, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on September 8, 2022.
The Refusal with reference B 018455894 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Knee crutches
Pillows for orthopedic use
Soporific pillows for insomnia
Ear plugs for sleeping
Anti-pressure sore mattresses
Contoured cushions for patients' use on beds [adapted for medical purposes]
Cushions for medical use for supporting infants while being bathed
Orthopedic cushions
Crutch cushion covers
Pads for preventing pressure sores on patient bodies
Orthopedic fixation devices
Medical instruments for recording physiological data
Ear plugs [hearing protection devices]
Ear plugs for medical purposes
Noise protection means in the form of deformable ear plugs
Compression bandages [elastic or supportive]
Orthopaedic bandages
Plaster bandages for orthopaedic purposes
Synthetic padding bandages [supportive]
Padding for orthopedic casts
Physiological measuring apparatus for medical use
Silicone orthopedic devices
Massage balls
Pads for preventing pressure sores on patient bodies
Medical apparatus for the relief of pain
Apparatus for nerve stimulation
Heat wrap massage apparatus
Therapeutic weighted blankets
Therapeutic apparatus for children with autism
Weights for physical exercise [adapted for medical use].
The mark was filed in class 20 with following description of goods:
Pillows, exclusively for sleeping and orthopedic purposes
Neck-supporting pillows, exclusively for sleeping and orthopedic purposes
Head supporting pillows, exclusively for sleeping and orthopedic purposes.
The mark was filed in class 24 with Pillow shams for orthopedic pillows and bed linen and blankets, exclusively weighted and/or as a medical or therapeutic sleep aid..
The mark was filed in class 28 with following description of goods: