The trademark MEDICAIR was filed by MEDICAIR GROUP S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 5, 2021, and received one opposition filed on December 27, 2021 by MED&CR - Serviços de Gestão de Cartões de Saúde, Unipessoal Lda. on Likelihood of confusion. the opponent was represented by SIMÕES, GARCIA, CORTE-REAL & ASSOCIADOS - CONSULTORES, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Dry ice [carbon dioxide]
Chemical substances absorbed on carriers for use as food preservatives
Chemical additives for food
Chemical and organic compositions for use in the manufacture of food and beverages
Chemical substances, chemical materials and chemical preparations, and natural elements
Oxidising gases
Gases for industrial purposes
Laboratory gases
Gases for use in horticulture
Gases for use in forestry
Gases for industrial purposes
Gases for analytical purposes
Industrial gases for use in food processing
Gases for use in dispensing liquids
Gases for use in cutting
Fine chemicals
Industrial chemicals
Raw chemicals
Salts [chemical preparations]
Refrigerant chemicals
Flame proofing chemicals
Industrial organic chemicals
Oxygen for industrial purposes
Ozone, other than for medical use
Mixtures of ozone and oxygen, other than for medical use
Catalysts for use in control of ozone emissions
Helium
Argon
Gas mixtures for use in industry
Additives (Chemical -) for use in the disinfection of water
Food preservative compositions
Chemical substances for preserving foodstuffs.
The mark was filed in class 4 with following description of goods:
Gases for use in cooking
Liquefied gas
Liquefied natural gas
Solid oxygen fuel.
The mark was filed in class 6 with following description of goods:
Containers of metal for compressed gas or liquid air
Containers of metal [storage, transport]
Containers of metal for transport
Pressure gas cylinders made of metal
Steel cylinders for compressed gas
High pressure metal cylinders [containers].
The mark was filed in class 7 with following description of goods:
Oxygen cutting devices
Ice crushing machines
Ice-resurfacing machines
Food processors, electric
Machines for the preparation of foodstuffs [industrial]
Blending machines for chemical processing
Absorbing machines for chemical processing
Machines for packing with food gases
Machines for the preparation of food.
The mark was filed in class 9 with following description of goods:
Fire extinguishing apparatus
Fire-extinguishing systems
Fire protection apparatus
Water sprinkling devices for fire control
Oxygen regulators
Atmospheric oxygen monitors
Ozone monitors, other than for medical use
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Testing and quality control devices
Sensors, detectors and monitoring instruments
Measuring devices
Controllers and regulators
Software
Computer software platforms
Downloadable software applications
Computer software relating to the medical field
Virtual reality software for medical teaching
Computer hardware
Measuring instruments
Connected bracelets [measuring instruments]
Sensors for measuring instruments
Application processors
Computer operating programs
Cloud computing software
Downloadable cloud computing software
Snorkels
Filters for respiratory masks
Respiratory apparatus, other than for medical use
Respirators for filtering air
Respiratory masks, other than for artificial respiration
Oxygen monitors, not for medical purposes
Monitors
Monitoring instruments
Electronic measurement sensors
Sensors.
The mark was filed in class 11 with following description of goods:
Ice machines and apparatus
Ice cream makers
Ice makers
Filters for ice making apparatus
Wet scrubbers
Installations for the collection of gases
Gas cleaners and purifiers
Filters for gases [household or industrial installations]
Flues and installations for conveying exhaust gases
Regulating and safety accessories for water and gas installations.
The mark was filed in class 30 with following description of goods:
Ice, natural or artificial
Ice [frozen water]
Ice cubes
Cooling ice
Salt for preserving foodstuffs
Artificial coffee
Coffee
Tea
Rice
Tapioca
Sago
Cereal preparations
Bread
Sponge cake
Confectionery
Flour
Ice cream
Sugar
Honey
Treacle
Yeast
Baking powders
Salt
Mustard
Vinegar
Sauces [condiments]
Condiments
Spices
Ice for refreshment
Gluten-free bakery products
Cereal based energy bars
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice.
The mark was filed in class 32 with following description of goods:
Fruit juice beverages
Syrups and other preparations for making beverages
Isotonic beverages.
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing services, Wholesaling and retailing by mail order via communications media, including the internet, in relation the following goods: Chemicals used in industry, science, agriculture, horticulture and forestry, Industrial gases, Industrial gases for use in food processing, Gases for use in dispensing liquids, Gases for use in cutting, Liquefied gases, Fuel gas
Wholesaling and retailing services, Mail order wholesaling and retailing and Via communications media including the internet in relation the following goods: natural gasses, Compressed gases, extinguishing gases, Refrigerant gases, Medicinal gases, Dietetic preparations and substances for medical use, dietetic food for medical purposes, Dietetic goods adapted for medical use, Dietary salts, Dietary and nutritional products
Wholesaling and retailing services, Wholesaling and retailing by mail order and via communications media, including the internet in relation the following goods: Nutritional supplements, Vitamin and mineral supplements, Machines for packing with food gases, installations for freezing with food gases, books, magazines,cookery books, newspapers and publications relating to food for sick patients, Foods and drinks
Management for others and consultancy provided to others relating to the organisation and management of health and medical assistance to patients with respiratory ailments
Promotion and Marketing in relation the following goods: Foodstuffs and beverages for sick patients
Wholesaling and retailing services, Wholesaling and retailing by mail order and via communications media, including the internet in relation the following goods: Foods adapted for medical use, Food for patients with respiratory ailments
Wholesaling and retailing services, Wholesaling and retailing by mail order and via communications media, including the internet in relation the following goods: Application software, Respiratory apparatus, Medical aids.
The mark was filed in class 39 with following description of goods:
Home delivery of foods and/or drinks
Food delivery services
Refrigerated transport of food.
The mark was filed in class 40 with following description of goods:
Food and beverage treatment
Gas production services
Processing of dry gas
Processing of chemicals
Cryopreservation services
Preservation of food.
The mark was filed in class 41 with following description of goods:
Training
Health and fitness training
Providing of education
Business training services
Publishing, reporting, and writing of texts
Providing of training in the medical field
Arranging conferences, seminars and symposiums
Organization of seminars and conventions in the field of medicine
Advice relating to medical training
Medical training and teaching
Education services relating to the training of personnel in food technology.
The mark was filed in class 43 with Services for the preparation of food and drink and Services for providing food and drink..