The trademark SYMTEX was filed by N.Y.C. & Associates, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on February 3, 2022, and received one opposition filed on May 2, 2022 by Wickert, Maximilian on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Schäfer, Matthias
The application was filed in Italian, and Italian was also language of all opposition proceedings (Spanish was selected as the second language).
Relative errors of the trademark registration was recorded on February 1, 2024.
The Opposition with reference B 003170257 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on July 16, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Sanitizers for household use
Medicinal sprays
Air freshener sprays
Deodorising room sprays
Anti-insect spray
Medicated swabs
Swabs for medical use
Medicinal infusions
Medical diagnostic test strips
Reagents for medical use
Veterinary diagnostic reagents
Diagnostic reagents for medical use
Immunoassay reagents for medical use
Reagent paper for medical or veterinary purposes
Reagents for analytical purposes [for medical purposes]
Reagents for analytical purposes [for veterinary purposes]
Chemical reagents for medical or veterinary purposes
Medical diagnostic reagents and assays for testing of body fluids.
The mark was filed in class 9 with following description of goods:
Life saving harnesses
Lanyards for safety purposes for fall protection
Body harnesses for support when lifting loads
Safety markers
Mannequins (Resuscitation -) [teaching apparatus]
Thermometers, not for medical purposes
Laboratory swabs [laboratory instruments]
Droppers for measuring, other than for medical or household purposes
Laboratory pipettes
Pipette racks for laboratory use
Test tubes
Holders for test tubes
Disposable dispenser syringes for laboratory use
Pressure measuring apparatus
Diagnostic apparatus, not for medical purposes
Photovoltaic apparatus and installations for generating solar electricity
Solar batteries
Solar battery chargers
Solar modules
Photovoltaic solar modules
Lithium batteries
Lithium ion batteries
Nickel-cadmium batteries
Rechargeable batteries
Car batteries
Batteries for vehicles
Batteries
Battery chargers
Wireless chargers
Power banks
Power adapters
Power controllers
Power cables
Power regulating apparatus
Electric power units
Cell phone covers
Covers for tablet computers
Cases adapted for notebook computers
Business management software
Artificial intelligence software
Virtual reality glasses
Power modules
Apparatus for improving power efficiency
Virtual reality hardware
Augmented reality computer hardware
Head mounted augmented reality displays
Virtual and augmented reality software.
The mark was filed in class 10 with following description of goods:
Resuscitation apparatus
Thermometers for medical purposes
Pulse oximeters
Pulse meters
Glucometers
Stethoscopes
Medical stethoscopes
Pulse measuring devices
Sphygmotensiometers
Blood testing apparatus
Vaporizers for medical purposes
Humidifying apparatus for medical use
Injectors for medical purposes
Infusion apparatus for therapeutic purposes
Droppers for medical purposes
Dropper bottles for medical purposes
Dropping pipettes for medical purposes
Syringes for medical purposes
Testing apparatus for medical purposes
Urine test glasses
Orthopedic articles
Dental apparatus and instruments
Sexual activity articles
Articles for nursing infants
Medical diagnostic apparatus for testing for viruses
Medical operating lamps
Medical examination lamps
Diagnostic apparatus for medical purposes
Aerosol dispensers for medical purposes
Massage apparatus, electric or non-electric
Massage apparatus
Electrically operated massagers
Massage apparatus [for medical purposes]
Physical therapy equipment
Oral irrigators
Oral syringes
Acupuncture instruments
Moxibustion apparatus
Bags for collecting body fluids
Instruments for extracting human body fluids
Automated analyzers for body fluids [for medical use].
The mark was filed in class 16 with following description of goods:
Tissues
Handkerchiefs of paper
Tissue paper
Paper wipes
Kitchen rolls [paper]
Adhesive packaging tapes
Cartons of cardboard for packaging
Plastic bubble packs for wrapping or packaging
Air bubble plastics for packaging
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Garbage bags of paper or of plastics
Plastic bags for pet waste disposal
General purpose plastic bags
Bags for packaging made of biodegradable plastic
Bags for packaging made of biodegradable paper
Food waste bags of biodegradable plastic for household use.