The trademark audiofree was filed by PP Optik AkquiCo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 21, 2021, and received one opposition filed on December 13, 2021 by FREE on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by COURSIN CHARLIER AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Ear care preparations, Not for medical purposes
Cleaning and care preparations for prosthetic hearing devices and hearing aids
Cleaning cloths for hearing aids and Detergents for hearing aids
Dessicant capsules for cleaning hearing aids.
The mark was filed in class 5 with following description of goods:
Goods for ear care and hygiene for medical purposes
Solutions and preparations for cleaning hearing aids and otoplastics For medical use
Solutions and preparations for disinfecting hearing aids and otoplastics.
The mark was filed in class 9 with following description of goods:
Electric apparatus and data processing apparatus for hearing acoustics, Especially Hearing performance measurement apparatus
Batteries for use in hearing aids
Measuring apparatus.
The mark was filed in class 10 with Hearing aids and accessories therefor, All the aforesaid goods included in class 10, Ear adaptors for hearing aids, Earmoulds being parts of hearing aids, Acoustic amplifiers [hearing aids] for partially deaf persons and Containers for cleaning and drying hearing aids and otoplastics..
The mark was filed in class 16 with Printed matter.
The mark was filed in class 21 with Acoustic canal blowers (cleaning apparatus for hearing aids).
The mark was filed in class 37 with Repair and maintenance of hearing aids.
The mark was filed in class 44 with following description of goods:
Services of an expert on acoustic hearing apparatus, In particular auditory capability, consultancy relating to hearing acoustics and improving hearing performance
Hearing tests
Issuing certificates for presentation to authorities and health insurance companies in the aforesaid fields, being hearing aid professional services.