The trademark DELICA was filed by Shenzhen Delica Medical Equipement Inc., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 2, 2021, and received one opposition filed on September 15, 2021 by LifeScan IP Holdings, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 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 9 with following description of goods:
Video screens
Computer programs, downloadable
Computer programs, recorded
Downloadable image files
Measuring instruments
Computer hardware
Computers
Computer game software, recorded
Electronic publications, downloadable
Notebook computers
None of the aforesaid for use in relation to blood glucose monitoring devices and lancets and needles therefor.
The mark was filed in class 10 with following description of goods:
Anaesthetic apparatus excluding blood glucose monitoring devices and lancets and needles therefor
Medical apparatus and instruments excluding blood glucose monitoring devices and lancets and needles therefor
Diagnostic apparatus for medical purposes excluding blood glucose monitoring devices and lancets and needles therefor
Body composition monitors excluding blood glucose monitoring devices and lancets and needles therefor
Dental apparatus and instruments
Electrocardiographs
Physiotherapy apparatus
Tomographs for medical purposes
Furniture especially made for medical purposes
Artificial limbs.
The mark was filed in class 42 with following description of goods:
Computer programming
Computer software design
Updating of computer software
Maintenance of computer software
Software as a service [SaaS]
Technological research
Mechanical research
Conducting technical project studies
Scientific research
Medical research
None of the aforesaid for use in relation to blood glucose monitoring devices and lancets and needles therefor.