The trademark STORK was filed by Masimo Corporation, a U.S. corporation (the "Applicant"). The application was published for oppositions on September 1, 2021, and received one opposition filed on November 30, 2021 by KARL STORZ SE & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MURGITROYD & COMPANY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 11, 2023. Appointment and Replacement of representative of the trademark registration was recorded on August 14, 2024.
The Opposition with reference B 003159343 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 11, 2023 by the EUIPO. The Appeal with reference B R0095/2024-2 was Other according to Article 94 EUTMR with decision issued on March 20, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Wearable electronic devices, namely, wearable activity trackers, cameras, computer peripheral devices, data processing apparatus, and global positioning system (GPS) apparatus, that are comprised of software that communicates data to personal digital assistants, smart phones, and personal computers through worldwide global networks and other computer and electronic communication networks
Wearable digital electronic devices in the nature of wearable activity trackers, cameras, computer peripheral devices, data processing apparatus, and global positioning system (GPS) apparatus comprised primarily of software for alerts, messages, emails, and reminders, and for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files and display screens
Multifunctional electronic devices for displaying, measuring, and uploading to a worldwide computer network information related to health and wellness, activity level, heart rate, blood pressure, breathing, or blood oxygen levels
Downloadable computer software for receiving, processing, transmitting, aggregating, analyzing, displaying, and reporting physiological and vital sign information, tracking changes and reporting recommendations in the field of health and wellness
None of the aforesaid being endoscopes.
The mark was filed in class 10 with following description of goods:
Devices and apparatus measuring and monitoring information related to wellness, oxygenation, blood, respiratory or other health properties
Electronic hub wirelessly transferring continuous measurements of oxygenation, blood, respiratory and other health and wellness properties from devices to downloadable and non-downloadable software and other repositories
Wearable electronic devices, namely, monitors and sensors for collecting and transmitting physiological and vital sign information for use in the field of health and wellness
None of the aforesaid being endoscopes.
The mark was filed in class 42 with following description of goods:
Providing of non-downloadable computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, wellness, heart rate, breathing, or blood oxygen levels
Providing of non-downloadable computer software for the use in managing, organizing and reporting personal medical, health and wellness data collected via medical and consumer devices, mobile applications, and sensors
Software as a service (SAAS) services featuring software for receiving, processing, transmitting, aggregating, analyzing, displaying, and reporting physiological and vital sign information, tracking changes and reporting recommendations in the field of health and wellness.