The trademark Endavia was filed by Medis Group, d.o.o., a corporation established under the laws of the Republic of Slovenia (the "Applicant"). The application was published for oppositions on July 21, 2021, and received one opposition filed on October 18, 2021 by TERAPIA S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2021
The application was filed in Slovenian, and Slovenian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on September 29, 2022.
The Opposition with reference B 003156838 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Sanitary preparations for medical purposes
Food for babies
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Vermin destroying preparations
Fungicides, herbicides
Absorbent cotton
Acaricides
Adhesive tapes for medical purposes
Plasters, materials for dressings
Adhesives for dentures
Air deodorizing preparations
Air purifying preparations
Alcohol for pharmaceutical purposes
Aquatic weed killers
Alginate dietary supplements
Alloys of precious metals for dental purposes
Animal washes [insecticides]
Anticryptogamic preparations
Antiparasitic collars for animals
Antiparasitic preparations
Antiseptic cotton
Antiseptics
Appetite suppressant pills
Appetite suppressants for medical purposes
Aseptic cotton
Babies' diaper-pants
Bacterial poisons
Bouillons for bacteriological cultures
Bath preparations for medical purposes
Bath salts for medical purposes
Belts for sanitary napkins [towels]
Biological tissue cultures for medical purposes
Biological tissue cultures for veterinary purposes
Blood for medical purposes
Blood plasma
Bone cement for surgical and orthopaedic purposes
Breast-nursing pads
Corn rings for the feet
By-products of the processing of cereals for dietetic or medical purposes
Calomel [fungicide]
Carbolineum [parasiticide]
Casein dietary supplements
Cattle washes [insecticides]
Caustic pencils
Cedar wood for use as an insect repellent
Cement for animal hooves
Chemical conductors for electrocardiograph electrodes
Chemical contraceptives
Chemical preparations for the diagnosis of pregnancy
Chemical preparations for treating phylloxera
Chemical preparations for treating mildew
Chemical preparations to treat wheat blight
Chemical reagents for medical or veterinary purposes
Medicated eye-washes
Compresses
Contact lens cleaning preparations
Corn remedies
Wadding for medical purposes
Dental abrasives
Dental amalgams
Dental amalgams of gold
Dental cements
Dental wax
Dental lacquer
Deodorants for clothing and textiles
Deodorants, other than for human beings or for animals
Detergents for medical purposes
Diabetic bread adapted for medical use
Diagnostic preparations for medical purposes
Diapers for pets
Dietary fibre
Disinfectants for chemical toilets
Disinfectants for hygiene purposes
Dog lotions for veterinary purposes
Dog washes
Douching preparations for medical purposes
Dressings, medical
Enzyme dietary supplements
Eyepatches for medical purposes
First-aid boxes, filled
Fish meal for pharmaceutical purposes
Fly catching paper
Fly destroying preparations
Fly glue
Infant formula
Fumigating sticks
Fumigation preparations for medical purposes
Fungicides
Gauze for dressings
Germicides
Glucose dietary supplements
Herbicides
Hydrastine
Hydrastinine
Hydrogen peroxide for medical purposes
Insect repellent incense
Insect repellents
Insecticides
Jalap
Lacteal flour for babies
Larvae exterminating preparations
Lead water
Leeches for medical purposes
Linseed dietary supplements
Linseed oil dietary supplements
Medicinal mud
Medicine cases, portable, filled
Moulding wax for dentists
Moleskin for medical purposes
Mothproofing paper
Mothproofing preparations
Mouthwashes for medical purposes
Mud for baths
Mustard plasters
Incontinence pads
Nutritive substances for microorganisms
Oxygen baths
Oxygen for medical purposes
Pants, absorbent, for incontinence
Panty liners [sanitary]
Paper for mustard plasters
Parasiticides
Personal sexual lubricants
Pesticides
Poisons
Pollen dietary supplements
Porcelain for dental prostheses
Poultices
Powder of cantharides
Preparations for callouses
Preparations for destroying dry rot fungus
Preparations for destroying mice
Preparations for destroying noxious animals
Preparations for reducing sexual activity
Preparations to facilitate teething
Propolis dietary supplements
Pyrethrum powder
Radioactive substances for medical purposes
Radiological contrast substances for medical purposes
Radium for medical purposes
Rat poison
Reagent paper for medical or veterinary purposes
Repellents for dogs
Royal jelly dietary supplements
Rubber for dental purposes
Salts for mineral water baths
Menstruation bandages
Sanitary tampons
Scapulars for surgical purposes
Sea water for medicinal bathing
Semen for artificial insemination
Slimming pills
Slug exterminating preparations
Smelling salts
Soil-sterilizing preparations
Solutions for contact lenses
Solvents for removing adhesive plasters
Stem cells for medical purposes
Stem cells for veterinary purposes
Sterilizing preparations
Strychnine
Sulfur sticks [disinfectants]
Surgical dressings
Surgical implants [living tissues]
Surgical tissues
Tanning pills
Teeth filling material
Therapeutic preparations for the bath
Thermal water
Tobacco extracts [insecticides]
Vaginal washes for medical purposes
Vermifuges
Vermin destroying preparations
Vesicants
Chemical preparations for treating diseases affecting vine plants
Vulnerary sponges
Wart pencils.
The mark was filed in class 10 with following description of goods:
Surgical and dental apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Abdominal belts
Abdominal corsets
Abdominal pads
Acupuncture needles
Aerosol dispensers for medical purposes
Air cushions for medical purposes
Air mattresses for medical purposes
Ambulance stretchers
Anaesthetic apparatus
Anaesthetic masks
Apparatus and installations for the production of X-rays, for medical purposes
Apparatus for artificial respiration
Apparatus for the treatment of deafness
Testing apparatus for medical purposes
Appliances for washing body cavities
Insoles for footwear
Armchairs for medical or dental purposes
Artificial breasts
Artificial eyes
Artificial jaws
Artificial limbs
Artificial skin for surgical purposes
Artificial teeth
Feeding bottles
Balling guns
Bandages, elastic
Basins for medical purposes
Bed pans
Bed vibrators
Beds specially made for medical purposes
Belts, electric, for medical purposes
Belts for medical purposes
Blankets, electric, for medical purposes
Blood testing apparatus
Body rehabilitation apparatus for medical purposes
Boots for medical purposes
Surgical bougies
Breast pumps
Brushes for cleaning body cavities
Cannulae
Cases fitted for medical instruments
Castrating pincers
Catgut
Catheters
Childbirth mattresses
Clips, surgical
Clothing especially for operating rooms
Commode chairs
Compressors [surgical]
Condoms
Containers especially made for medical waste
Contraceptives, non-chemical
Corn knives
Corsets for medical purposes
Crutches
Cupping glasses
Cushions for medical purposes
Knives for surgical purposes
Defibrillators
Dental equipment
Dental apparatus, electric
Dental burs
Dentists' armchairs
Dental prostheses
Diagnostic apparatus for medical purposes
Dialyzers
Douche bags
Drainage tubes for medical purposes
Draw-sheets for sick beds
Dropper bottles for medical purposes
Droppers for medical purposes
Ear picks
Ear plugs [ear protection devices]
Ear trumpets
Elastic stockings for surgical purposes
Electric acupuncture instruments
Electrocardiographs
Electrodes for medical use
Enema apparatus for medical purposes
Esthetic massage apparatus
Feeding bottle teats
Feeding bottle valves
Filters for ultraviolet rays, for medical purposes
Finger guards for medical purposes
Forceps
Fumigation apparatus for medical purposes
Furniture especially made for medical purposes
Galvanic belts for medical purposes
Galvanic therapeutic appliances
Gastroscopes
Gloves for massage
Gloves for medical purposes
Hair prostheses
Hearing aids
Hearing protection devices
Heart pacemakers
Heating cushions, electric, for medical purposes
Haemocytometers
Hot air therapeutic apparatus
Hot air vibrators for medical purposes
Syringes for injections
Hypogastric belts
Ice bags for medical purposes
Incontinence sheets
Incubators for babies
Incubators for medical purposes
Inhalers
Injectors for medical purposes
Instrument cases for use by doctors
Insufflators
Lenses [intraocular prostheses] for surgical implantation
Invalids' hoists
Knee bandages, orthopaedic
Lamps for medical purposes
Lancets
Lasers for medical purposes
Love dolls [sex dolls]
Masks for use by medical personnel
Massage apparatus
Maternity belts
Medical guidewires
Microdermabrasion apparatus
Mirrors for dentists
Mirrors for surgeons
Needles for medical purposes
Apparatus for nursing infants
Obstetric apparatus
Obstetric apparatus for cattle
Operating tables
Ophthalmometers
Ophthalmoscopes
Orthodontic appliances
Orthopaedic belts
Orthopaedic footwear
Orthopaedic soles
Pads for preventing pressure sores on patient bodies
Pessaries
Physical exercise apparatus for medical purposes
Physical therapy equipment
Pins for artificial teeth
Plaster bandages for orthopaedic purposes
Probes for medical purposes
Protection devices against X-rays, for medical purposes
Sphygmotensiometers
Pumps for medical purposes
Quartz lamps for medical purposes
X-ray photographs for medical purposes
Radiology screens for medical purposes
Radiotherapy apparatus
Radium tubes for medical purposes
Respirators for artificial respiration
Resuscitation apparatus
Saws for surgical purposes
Scissors for surgery
Slings [supporting bandages]
Soporific pillows for insomnia
Spirometers [medical apparatus]
Spittoons for medical purposes
Splints, surgical
Vaporizers for medical purposes
Stents
Sterile sheets, surgical
Stethoscopes
Stockings for varices
Strait jackets
Stretchers, wheeled
Support bandages
Supports for flat feet
Surgical apparatus and instruments
Surgical drapes
Surgical implants comprised of artificial materials
Surgical sponges
Suspensory bandages
Suture needles
Dummies for babies
Teething rings
Temperature indicator labels for medical purposes
Thermal packs for first aid purposes
Thermo-electric compresses [surgery]
Thermometers for medical purposes
Thread, surgical
Tips for crutches
Tongue scrapers
Traction apparatus for medical purposes
Trocars
Trusses
Ultraviolet ray lamps for medical purposes
Umbilical belts
Urethral probes
Urethral syringes
Urinals being vessels
Urological apparatus and instruments
Uterine syringes
Vaginal syringes
Veterinary apparatus and instruments
Vibromassage apparatus
Water bags for medical purposes
Waterbeds for medical purposes
X-ray apparatus for medical purposes
X-ray tubes for medical purposes
Anti-rheumatism bracelets
Anti-rheumatism rings
Bracelets for medical purposes.
The mark was filed in class 29 with following description of goods:
Cheese and cheese products
Meat, fish, poultry, game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies, jams
Eggs, milk, milk products
Edible oils and fats
Dietetic food, not adapted for medical use, based on cheese, meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, eggs, milk and milk products, edible oils and fats.