The trademark BLUWAVE was filed by ONDINE INTERNATIONAL HOLDINGS Ltd, a corporation established under the laws of Barbados (the "Applicant"). The application was published for oppositions on August 11, 2021, and received one opposition filed on November 11, 2021 by ISDIN, S.A on Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 11, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003158196 was refused according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Photosensitizing compositions for medical applications, namely, pharmaceuticals for use by medical professionals in the treatment of infectious diseases suffered by humans and caused by bacteria, fungi, viruses, and any other disease-causing micro-organisms
Light-activated therapeutic preparations for photodisinfection treatments of humans by medical professionals
Photosensitizers for use in photodynamic therapy and/or photodisinfection of humans by medical professionals, namely, pharmaceuticals for the medical treatment of infectious diseases suffered by humans caused by bacteria, fungi, viruses, and any other disease-causing micro-organisms.
The mark was filed in class 10 with Medical equipment, namely, applicators for delivery of photosensitizing agents and/or pharmaceuticals, namely, catheters, nasal applicators, syringes, spray applicators and balloons and light delivery medical devices, namely, lasers, leds, and sterilizable light wands, all for use in the fields of photodynamic therapy, photodisinfection, and other medical applications for disinfection..