018518265

Evergreen life

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July 20, 2021

Trademark Summary

The trademark evergreen life was filed by Evergreen Health Solutions Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on February 2, 2022, and received one opposition filed on May 2, 2022 by Aspen Medical Products, LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by REDDIE & GROSE B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 2, 2022

The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Computer hardware
  2. Software
  3. Application software
  4. Application software for maintaining a record of personal health
  5. Wearable activity trackers
  6. Smartwatches
  7. Portable digital electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, and digital files
  8. Electronic devices, namely, portable digital electronic devices for transmitting audio files
  9. Headphones
  10. Earbuds
  11. Earphones
  12. Wireless audio devices in the nature of wireless earbuds, earphones and headphones for use with smartwatches and wearable activity trackers
  13. Microphones
  14. Remote control for controlling mobile devices
  15. Sound reproducing apparatus
  16. Audio speakers
  17. Accessories for mobile, portable and handheld devices, namely, earbuds, earphones and headphones
  18. Earphone accessories, namely, earphone cushions, earphone pads, and earphone cases
  19. Cables, namely, charging cables
  20. Computer peripheral devices
  21. Scales
  22. Personal weighing scales
  23. Computers
  24. Downloadable software in the nature of a mobile application for use with computers, portable handheld digital electronic devices, and wired and wireless communication devices.
• The mark was filed in class 10 with Medical devices, none being spinal medical devices or spinal bracing products and health monitoring devices for storing, relaying, tracking, measuring and displaying health parameters, biometric data, body movement, sleep, heart rate..
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunications
  2. Provision of access to content, websites and portals
  3. Audiovisual communication services
  4. Provision of access to communication by electronic means
  5. Data communication services
  6. Instant messaging services
  7. Interactive communication services
  8. Online communication services
  9. Providing user access to portals on the Internet.
• The mark was filed in class 41 with following description of goods:
  
  1. Educational services
  2. Conducting seminars, workshops and conferences
  3. Entertainment services
  4. Personal wellness and healthcare coaching services
  5. Provision of fitness classes and fitness coaching.
• The mark was filed in class 42 with following description of goods:
  
  1. Software as a service
  2. Providing temporary use of web-based software
  3. Updating of databases
  4. Providing medical and scientific research information
  5. Providing information on clinical studies.
• The mark was filed in class 44 with following description of goods:
  
  1. Healthcare services
  2. Provision of information and advice on health, healthcare
  3. Consultancy and advisory services in the field of health and healthcare relating to healthcare and wellbeing.