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EUTM file information

018523289

Breathe difference

July 27, 2021

Trademark Summary

The trademark breathe difference was filed by Löwenstein Medical Luxembourg S.A., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on September 15, 2021, and received one opposition filed on November 23, 2021 by RAQUIL, Fabrice Hugues on Likelihood of confusion. the opponent was represented by SELARL LHOTEL AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 23, 2021

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

Appointment and Replacement of representative of the trademark registration was recorded on June 27, 2023.

The Appeal with reference B R0735/2023-5 was Other according to Article 71(3) EUTMR with decision issued on July 19, 2023 by the EUIPO. The Opposition with reference B 003158927 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 27, 2023 by the EUIPO.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Software for use in healthcare and for medical applications
    2. Respiratory apparatus software
    3. Downloadable mobile application software for providing educational information in the field of medical applications
    4. Downloadable mobile application software for providing medical data
    5. Downloadable mobile application software for personal support in the field of health and well-being
    6. Computer software for controlling a medical ventilator
    7. Computer software for use in connection with patient management
    8. Computer programs and telecommunications apparatus for medical applications and data
    9. Breathing apparatus, except for artificial respiration
    10. Computer software relating to the medical field.
  • The mark was filed in class 10 with following description of goods:
    1. Medical and veterinary apparatus and instruments
    2. Apparatus for analysing measured physical signals
    3. Testing apparatus for medical purposes
    4. Anaesthesia respiration apparatus
    5. Apparatus for the diagnosis of cardiovascular diseases
    6. Apparatus for the diagnosis of neurological diseases
    7. Apparatus for measuring lung function
    8. Apparatus for analysing brain wave frequencies
    9. Apparatus for determining blood flow
    10. Apparatus for carrying-out diagnostic tests for medical purposes
    11. Apparatus for monitoring vital signs
    12. Respiration monitors for medical use
    13. Sphygmotensiometers
    14. Diagnostic measuring apparatus for medical use
    15. Digital thermometers for medical purposes
    16. Pressure monitors for medical use
    17. Cardiac electrodes
    18. Electrocardiographs
    19. Electrocardiographic recorders
    20. Electromedical diagnostic instruments
    21. Electro medical instruments
    22. Electronic analyzers for medical purposes
    23. Electronic blood oxygen saturation recorders [for medical use]
    24. Electronic blood pressure meters [for medical use]
    25. Electronic heart rate recorders [for medical use]
    26. Electronic carbon dioxide monitors used for medical purposes
    27. Carbon dioxide indicators for medical use
    28. Carbon dioxide detectors for medical use
    29. Electronic carbon dioxide recorders used for medical purposes
    30. Carbon dioxide monitors for use in measuring levels in patients
    31. Medical apparatus for detecting carbon dioxide in the airways
    32. Medical sensors
    33. Breath gas analyzers for medical diagnostics
    34. Electronic temperature recorders for medical use
    35. Fetal pulse monitors
    36. Tools for medical diagnostics
    37. Heartbeat measuring apparatus
    38. Medical apparatus for measuring the oxygen content of blood
    39. Electrocardiograph monitors
    40. Patient monitoring instruments
    41. Physiological monitoring apparatus for medical use
    42. Respiration monitors
    43. Pulse meters for medical purposes
    44. Oxygen sensors for medical use
    45. Telemetry apparatus for medical use
    46. Fetal heart monitors
    47. Apparatus for the treatment of breathing difficulties
    48. Apparatus for the treatment of lung diseases
    49. Artificial anaesthetization apparatus
    50. Apparatus for artificial respiration
    51. Apparatus for producing oxygen for medical use
    52. Apparatus for use in the prevention of snoring
    53. Bracelets for medical purposes
    54. Respirators for artificial respiration
    55. Defibrillators
    56. Powered respirators for artificial respiration
    57. Electrodes for use with medical apparatus
    58. Electrodes for medical use
    59. Electrodes for picking up biological parameters
    60. Artificial sleep apparatus
    61. Cushions [pads] (heating -), for medical purposes
    62. Medical apparatus for the display of tomographic data
    63. Pads for inhibiting snoring
    64. Cardiopulmonary resuscitation masks
    65. Medical apparatus for training breathing techniques
    66. Medical apparatus for facilitating the inhalation of pharmaceutical preparations
    67. Apparatus for administering drugs by inhalation
    68. Medical apparatus for controlling pulmonary gas exchange parameters
    69. Medical apparatus for assisting breathing
    70. Inhalers for medical use
    71. Apparatus (Medical -) for extracting oxygen from the atmosphere
    72. Oxygen inhalers for medical use
    73. Oxygen concentrators for medical applications
    74. Humidifiers for use with respiratory therapy apparatus
    75. Therapeutic facial masks
    76. Oxygen masks for medical use
    77. Moisture exchangers for medical use in transferring the heat of exhaled breath to inhaled breath
    78. Suction apparatus for medical use
    79. Mucus extractors
    80. Electric sputum aspirators
    81. Manual sputum aspirators
    82. Aspiration tubing
    83. Telemetry devices for medical applications
    84. Medical trays
    85. Nebulizers for respiration therapy
    86. Resuscitation apparatus
    87. Heat treatment apparatus
    88. Heat therapy instruments
    89. Patient ventilation instruments
    90. Respiratory masks for artificial respiration
    91. Incubators for babies
    92. Incubators for babies
    93. Ventilator exhalation valves for artificial respiration
    94. Protective breathing masks for artificial respiration
    95. Asphyxial neonates respirators
    96. Ventilator breathing apparatus for artificial respiration
    97. Medical apparatus for the treatment of respiratory conditions
    98. Incubation units
    99. Pulse oximeters
    100. Tomographic instruments for medical use
    101. Respiratory therapy apparatus for loosening and removing bronchial mucus
    102. Apparatus for the alleviation of lung ailments
    103. Anaesthetic apparatus
    104. Anaesthetic masks
    105. Tracheal tubes
    106. Respiratory therapy apparatus for breathing assistance when suffering from coughing diseases
    107. Vaporizers for the treatment of upper respiratory conditions.
  • The mark was filed in class 37 with Repair and maintenance of medical apparatus and instruments.
  • The mark was filed in class 41 with Conducting of training, further training and congresses in the medical sector.
  • The mark was filed in class 44 with following description of goods:
    1. Providing health care information by telephone
    2. Health care consultancy services [medical]
    3. Professional consultancy relating to health care
    4. Monitoring of patients
    5. Consultation relating to bio-rhythms
    6. Professional consultancy relating to health
    7. Consulting services relating to health care
    8. Health clinic services
    9. Health centre services
    10. Medical and healthcare clinics
    11. Preparation of reports relating to health care matters
    12. Health risk assessment surveys
    13. Health assessment surveys
    14. Providing health information
    15. Health counselling
    16. Provision of health care services in domestic homes
    17. Health care services offered through a network of health care providers on a contract basis
    18. Weight management services
    19. Laboratory analysis services relating to the treatment of persons
    20. Medical and healthcare services
    21. Providing online medical record services other than dentistry
    22. Oxygen bar services
    23. Therapeutic treatment of the body
    24. Therapy services
    25. Rental of hospital equipment
    26. Exercise facilities for health rehabilitation purposes (Provision of -)
    27. Rental of beds specially made for medical treatment purposes
    28. Fitting of orthopaedic devices
    29. Fitting of orthotic devices
    30. Advisory services relating to medical problems
    31. Advisory services relating to medical services
    32. Interpretation of electrocardiographic signals
    33. Physician services
    34. Advisory services relating to medical instruments
    35. Consultancy and information services relating to medical products
    36. Advisory services relating to medical apparatus and instruments
    37. Medical assistance
    38. Hospital services
    39. Health resort services [medical]
    40. Services for the preparation of medical reports
    41. Conducting screenings for cardiovascular disease risk factors
    42. Medical analysis services relating to the treatment of persons provided by a medical laboratory
    43. Medical screening
    44. Physical examination services
    45. Medical health assessment services
    46. Preparation of reports relating to medical matters
    47. Medical examination of individuals (Provision of reports relating to the -)
    48. Performing diagnosis of diseases
    49. Providing medical information
    50. Health screening services in the field of asthma
    51. Trans-telephone heart monitoring services
    52. Medical analysis services relating to the treatment of patients
    53. Medical analysis services relating to the treatment of persons
    54. Medical analysis for the diagnosis and treatment of persons
    55. Medical counseling
    56. Public health counseling
    57. Medical assistance consultancy provided by doctors and other specialized medical personnel
    58. Medical diagnostic services
    59. Health clinic services [medical]
    60. Medical consultations
    61. Medical evaluation services
    62. Health farm services [medical]
    63. Medical services for the diagnosis of conditions of the human body
    64. Medical screening services relating to cardiovascular disease
    65. Medical testing for diagnostic or treatment purposes
    66. Medical analysis services
    67. Medical screening relating to the heart
    68. Telemedicine services
    69. Services for the provision of medical facilities
    70. Rental of apparatus and installations in the field of medical technology
    71. Rental of equipment for medical purposes
    72. Hiring of medical instruments
    73. Medical equipment rental
    74. Provision of medical services
    75. Rental of medical and health care equipment
    76. Medical screening services in the field of asthma
    77. Providing information relating to the rental of medical machines and apparatus
    78. Providing information relating to medical services
    79. Providing information via the Internet in the field of diabetes
    80. Providing on-line information relating to the prevention of cardiovascular disease and strokes
    81. Compilation of medical reports.