The trademark BEYOND SLEEP was filed by ELive Ecosystem Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on February 17, 2022, and received one opposition filed on March 7, 2022 by Bentley InnoMed GmbH on Likelihood of confusion. the opponent was represented by HOEFER & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 7, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Physical therapy equipment
Electronic medical instruments
Medical instruments for recording physiological data
Respiratory monitors [medical]
Medical analytical apparatus for medical purposes
Tools for medical diagnostics
Medical diagnostic apparatus for medical purposes
Medical instruments for recording heart activity
Electromedical diagnostic instruments
Medical instruments for therapeutic drug monitoring
Medical test kits for diabetes monitoring for home use
Medical instruments for infectious disease testing
Medical apparatus for testing the level of glucose in the blood
Medical apparatus for measuring the oxygen content of blood
Pulse counters [medical apparatus]
Diagnostic testing instruments for use in immunoassay procedure [medical]
Electro medical instruments
Medical apparatus for use in endoscopy
Gynecological medical instruments for examining women' s reproductive organs
Coagulation instruments
Rigid medical endoscopes
Chromatographic columns for analytical chromatography [medical]
Medical diagnostic saliva pads
Medical diagnostic saliva vials
Ultrasonic medical diagnostic apparatus
Medical diagnostic apparatus for testing for viruses
Medical and surgical laparoscopes
Probes for medical purposes
Medical hearing instruments
Medical imaging apparatus
Medical apparatus for the display of tomographic data
Medical apparatus for detecting carbon dioxide in the airways
Medical apparatus for use in laparoscopy
Medical pulse pressure transducers
Medical stethoscopes
Medical instruments for reproducing physiological data
Medical instruments for drug abuse testing
Optomedical examination instruments
Electromagnetic medical apparatus
Membranes for filtration [medical]
Flexible medical endoscopes
Retractors [medical instruments]
Compressor modules being parts of ventilators [medical]
Medical and surgical knives for cutting human or animal tissue and organs
Medical and surgical catheters
Medical and surgical cutters for cutting human or animal tissue and organs
Catheters for medical use
Medical apparatus for use in cardiac surgery
Medical apparatus for urethral catheterization
Medical apparatus for urological purposes
Medical cutting devices
Pumps for medical purposes
Medical scissors
Medical instruments for cutting tissue
Medical instruments for percutaneous tracheostomy
Medical instruments for the removal of warts by freezing
Knives for medical use
Medical guidewires
Pneumatically operated medical instruments
Speculae
Medical patient treatment chairs
Medical tables for examination or treatment purposes
Medical examination tables
Medical apparatus for strengthening muscles of the pelvic floor
Diagnostic apparatus for medical purposes
Automatic analyzers for medical diagnosis
Sensor apparatus for medical use in diagnosis
Medical apparatus for diagnosing suspected heart attacks
Apparatus for the diagnosis of cerebrovascular diseases
Apparatus for tumour diagnosis
Apparatus for the diagnosis of neurological diseases
Apparatus for the diagnosis of cardiovascular diseases
Apparatus for the diagnosis of inflammatory diseases
Electric instruments for medical use in the diagnosis of blood
Nephelometric analyzers for medical diagnosis
Urine testing instruments for medical diagnostic purposes
Testing instruments for medical diagnostic purposes
Testing probes for medical diagnostic purposes
Scanners for medical diagnosis
Probes connected to microprocessing apparatus for medical diagnosis
Cardio-pulmonary diagnostic instrumentation
Diagnostic apparatus for pregnancy testing
Co2 irrigators for urological diagnosis
Co2 irrigators for endoscopic diagnosis
Co2 insufflators for endoscopic diagnosis
Co2 insufflators for urological diagnosis
Trace material analyzers for medical use in diagnosis
Diagnostic, examination, and monitoring equipment
Electrocardiograph monitoring apparatus
Electronic monitoring instruments for medical use
Electronic heart rate monitors [for medical use]
Physiological monitoring apparatus for medical use
Oxygen concentration monitors for medical use
Carbon dioxide monitors for use in measuring levels in patients
Portable instruments for medical use in monitoring oxygen levels in gaseous mixtures
Body fat monitors
Apparatus for monitoring vital signs
Apparatus for blood monitoring [for medical use]
Sensor apparatus for medical use in monitoring the vital signs of patients
Fetal pulse monitors
Intra-vascular blood gas monitoring systems
Heart signal monitors
Blood glucose monitoring apparatus
Contoured cushions for patients' use on chairs [adapted for medical purposes]
Contoured cushions for patients' use on beds [adapted for medical purposes]
Ingestible capsules containing circuits for collecting, transmitting and storing patient data
Tables for use in the treatment of patients
Patient litters in the nature of stretchers
Patient monitoring sensors and alarms
Patient monitoring instruments
Mattresses for hospital patient trolleys
None of the above mentioned products being implants and catheters for endovascular treatment.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Medical services
Health care consultancy services [medical]
Rental of equipment for human healthcare
Advice relating to the personal welfare of elderly people [health]
Consultation relating to bio-rhythms
Consulting services relating to health care
Development of individual physical rehabilitation programmes
Health assessment surveys
Health screening
Insomnia therapy services
Lifestyle counseling and consultancy for medical purposes