The trademark MIOLABS was filed by Transtek Medical Remote Technology (Zhuhai) Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on November 3, 2021, and received one opposition filed on February 2, 2022 by Migros-Genossenschafts-Bund on Likelihood of confusion. the opponent was represented by GRÜNECKER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 24, 2021. Appointment and Replacement of representative of the trademark registration was recorded on April 24, 2022. Change of name and professional address of the trademark registration was recorded on March 29, 2023. Change of name and professional address of the trademark registration was recorded on April 11, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded computer software for wireless data communication for receiving, processing, transmitting and displaying information relating to fitness, body fat, body mass index
Smartwatches
Pedometers
Connected bracelets [measuring instruments]
Weighing machines
Weighing apparatus and instruments
Scales
Downloadable mobile applications using artificial intelligence for home automation
Batteries, electric
Wearable activity trackers
Wearable computers
Telecommunication apparatus in the form of jewellery
Smartphones in the shape of a watch
Wrist-mounted smartphones
Earphones for smartphones.
The mark was filed in class 10 with following description of goods:
Physical exercise apparatus, for medical purposes
Medical apparatus and instruments
Arterial blood pressure measuring apparatus
Heart rate monitoring apparatus
Dental apparatus and instruments
Galvanic therapeutic appliances
Hearing aids
Babies' bottles
Contraceptives, non-chemical
Orthopaedic [orthopedic] Belts
Electrocardiographs.
The mark was filed in class 14 with following description of goods:
Boxes of precious metal
Precious metals, unwrought or semi-wrought
Jewellery
Sports watches
Chronographs [watches]
Necklaces [jewellery, jewelry (Am.)]
Clocks
Wristwatches
Watch bands
Presentation boxes for watches.
The mark was filed in class 35 with following description of goods:
Retail services relating to jewelry
Wholesale services relating to jewelry
Retail services in relation to medical instruments
Wholesale services in relation to medical instruments
Retail services in relation to medical apparatus
Wholesale services in relation to medical apparatus
Retail or wholesale services for smartwatches, wearable activity trackers, wearable computers, smartphones in the shape of a watch, wrist-mounted smartphones, earphones for smartphones, physical exercise apparatus for medical purposes, arterial blood pressure measuring apparatus, heart rate monitoring apparatus, dental apparatus and instruments, hearing aids, babies' bottles, contraceptives, non-chemical, sports watches, clocks, wristwatches, presentation boxes for watches
Advertising services.
The mark was filed in class 38 with following description of goods:
Wireless broadcasting
Communications by cellular phones
Television broadcasting
Message sending
Telegraph services
Voice mail services
Providing internet chatrooms
Teleconferencing services
Providing online forums
Providing access to databases.
The mark was filed in class 42 with following description of goods:
Technological research
Research and development of new products for others
Computer software design used for smartwatches, wearable activity trackers, wearable computers in the nature of smartwatches, smartphones in the shape of a watch, wrist-mounted smartphones, sports watches
Off-site data backup
Updating of computer software used for smartwatches, wearable activity trackers, wearable computers in the nature of smartwatches, smartphones in the shape of a watch, wrist-mounted smartphones, sports watches
Maintenance of computer software used for smartwatches, wearable activity trackers, wearable computers in the nature of smartwatches, smartphones in the shape of a watch, wrist-mounted smartphones, sports watches
Cloud computing
Installation of computer software used for smartwatches, wearable activity trackers, wearable computers in the nature of smartwatches, smartphones in the shape of a watch, wrist-mounted smartphones, sports watches.
The mark was filed in class 44 with following description of goods: