The trademark norm was filed by Foundry Innovation & Research 1, Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on November 23, 2021, and received one opposition filed on February 23, 2022 by LABORATORIOS NORMON, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by González-Mogena González, Iñigo A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and address of the trademark registration was recorded on February 5, 2025.
The Opposition with reference B 003164808 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 13, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Wearable activity trackers with heart rate monitoring function
Computer hardware and software
Hardware for data processing
Monitors [computer hardware]
Portable computer hardware
Wearable computer hardware
Cloud software
Cloud servers
Downloadable apps
Mobile apps
Downloadable mobile apps
Downloadable smartphone apps [software]
Computer software in the form of an app for mobile devices and computers
Smartphone software
Wearable smartphones
Downloadable application software for smartphones
Software applications for mobile devices for monitoring and managing patient medical information.
The mark was filed in class 10 with following description of goods:
Cardiac pacemakers
Cardiac probes
Cardiac defibrillation electrodes
Cardiac event recorders
Insertable cardiac monitors
Patient medical monitors for monitoring cardiac activity
Heart pacemakers
Heart rate monitors
Heart rate recorders
Heart rate monitors for sports activities
Medical instruments for recording heart activity
Electronic heart rate monitors for medical purposes
Heart monitors to be worn during exercise
Medical apparatus for diagnosing suspected heart attacks
Patient medical monitors for monitoring heart rate
Electronic heart rate monitors for use during physical exercise
Medical implants comprised of artificial materials
Sensors [measurement apparatus], for medical purposes
Sensors [measurement apparatus], for medical use
Patient monitoring sensors [measurement apparatus] for medical purposes
Smart implants with built-in patient monitoring sensors
Patient medical monitors for monitoring electrocardiography
Belts, electric, for medical purposes.
The mark was filed in class 44 with following description of goods:
Transtelephone heart monitoring services
Medical screening relating to the heart
Medical analysis services relating to the treatment of patients
Medical care and analysis services relating to patient treatment.