The trademark ENERGY WAVE was filed by Energy Wave Worldwide Pte. Ltd., a corporation established under the laws of the Republic of Singapore (the "Applicant"). The application was published for oppositions on April 21, 2022, and received one opposition filed on July 21, 2022 by LifeWave, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by FORRESTERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 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:
Electromagnetic wave apparatus for use in therapy
Electromagnetic wave therapeutic instruments
Therapeutic apparatus
Therapeutic support devices
Anti-nausea wristbands
Magnets for therapeutic use
Therapeutic magnets for wear, incorporated into necklaces, bracelets and jewellery
Anti-rheumatism bracelets
Bracelets for medical purposes
Apparatus for the therapeutic stimulation of the body
Apparatus for the therapeutic stimulation of the muscles
Apparatus for the stimulation of acupuncture points
Artificial sleep apparatus
Electronic apparatus for therapeutic use.
The mark was filed in class 14 with following description of goods:
Wrist bands [jewellery]
Rubber jewellery
Bracelets
Necklaces [jewellery]
Jewellery rope chain for necklaces
Necklaces of precious metal
Precious metals and their alloys
Jewellery, precious and semi-precious stones.
The mark was filed in class 35 with following description of goods:
Affiliate marketing
Direct marketing
Database marketing
Event marketing
Marketing services
Online wholesale services relating to electromagnetic wave apparatus for use in therapy, electromagnetic wave therapeutic instruments, therapeutic apparatus, therapeutic support devices, anti-nausea wristbands, magnets for therapeutic use, therapeutic magnets for wear, incorporated into necklaces, bracelets and jewellery, anti-rheumatism bracelets, bracelets for medical purposes, apparatus for the therapeutic stimulation of the body, apparatus for the therapeutic stimulation of the muscles, apparatus for the stimulation of acupuncture points, artificial sleep apparatus, electronic apparatus for therapeutic use, wrist bands [jewellery], rubber jewellery, bracelets, necklaces [jewellery], jewellery rope chain for necklaces, necklaces of precious metal, precious metals and their alloys, jewellery, precious and semi-precious stones
Business management and organisation consultancy
Business assistance
Business administration
Sales promotion for others
Advertising and publicity services
Commercial administration of the licensing of the goods and services of others
Administration of the business affairs of franchises
Organisation of exhibitions and events for commercial or advertising purposes
Demonstration of products
Procurement services for others [purchasing goods and services for other businesses]
Logistics services consisting of business management and organisation of facilities and resources
Retail services relating to electromagnetic wave apparatus for use in therapy, electromagnetic wave therapeutic instruments, therapeutic apparatus, therapeutic support devices, anti-nausea wristbands, magnets for therapeutic use, therapeutic magnets for wear, incorporated into necklaces, bracelets and jewellery, anti-rheumatism bracelets, bracelets for medical purposes, apparatus for the therapeutic stimulation of the body, apparatus for the therapeutic stimulation of the muscles, apparatus for the stimulation of acupuncture points, artificial sleep apparatus, electronic apparatus for therapeutic use, wrist bands [jewellery], rubber jewellery, bracelets, necklaces [jewellery], jewellery rope chain for necklaces, necklaces of precious metal, precious metals and their alloys, jewellery, precious and semi-precious stones
The bringing together, for the benefit of others, of electromagnetic wave apparatus for use in therapy, electromagnetic wave therapeutic instruments, therapeutic apparatus, therapeutic support devices, anti-nausea wristbands, magnets for therapeutic use, therapeutic magnets for wear, incorporated into necklaces, bracelets and jewellery, anti-rheumatism bracelets, bracelets for medical purposes, apparatus for the therapeutic stimulation of the body, apparatus for the therapeutic stimulation of the muscles, apparatus for the stimulation of acupuncture points, artificial sleep apparatus, electronic apparatus for therapeutic use, wrist bands [jewellery], rubber jewellery, bracelets, necklaces [jewellery], jewellery rope chain for necklaces, necklaces of precious metal, precious metals and their alloys, jewellery, precious and semi-precious stones (excluding the transport thereof), enabling customers to conveniently view and purchase those goods.