The trademark BD ROWA SMARTDOSE was filed by Becton Dickinson Rowa Germany GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 24, 2021, and received one opposition filed on September 26, 2021 by West Pharma. Services IL, Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SBGK ÜGYVÉDI IRODA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Medicine packaging machines, Automatic medicine dispensing and packaging machines, Labelers [machines], Packaging or wrapping machines and apparatus
Chemical processing machines and apparatus
Automatic distribution machines
All of the afore-mentioned goods not for use in connection with conveyor systems and warehouse systems, in particular for parts in the field of automotive industries, e.g. parts of automobiles, and/or in particular for palettes, product carriers and cubic piece goods, such as containers, cartons or (beverage) crates.
The mark was filed in class 9 with following description of goods:
Computer programs for medicine inventory control, other computer programs, all of the aforementioned goods not for interactive patient engagement and medication adherence software for users of wearable injector drug delivery systems, for software facilitating communication between a computer or handheld device connected to the internet and a wearable injector drug delivery system and downloadable mobile applications for communicating with a wearable injector drug delivery system and for displaying health related information
Electronic control devices for apparatus for the computer-aided handling and packaging of bulk goods or other goods, in particular medicine packs, into pouches
All of the afore-mentioned goods not for use in connection with conveyor systems and warehouse systems, in particular for parts in the field of automotive industries, e.g. parts of automobiles, and/or in particular for palettes, product carriers and cubic piece goods, such as containers, cartons or (beverage) crates.
The mark was filed in class 10 with following description of goods:
Medicine packaging machines used in hospitals, clinics and pharmacies
Pharmaceutical apparatus and instruments
Medical apparatus and instruments, all of the aforementioned goods not for infusion pumps sold empty for delivering liquid pharmaceutical preparations to patients