The trademark DSPACE was filed by DAIICHI SANKYO EUROPE GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 1, 2022, and received one opposition filed on July 29, 2022 by dSPACE GmbH on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 29, 2022
It was designated 'Basic Application' for International Application 1725448 at the World Intellectual Property Organization (WIPO).
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 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Disinfectants
Medicinal healthcare preparations
The aforesaid goods solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 9 with following description of goods:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded media, Downloadable media
Computer software, blank digital or analogue recording and storage media
Coin-operated mechanisms
Calculating devices
Computers and computer peripherals
Software
Computer programs for data processing
Application software for mobile devices
Mobile apps
Software downloadable from the internet
Computer software for mobile phones
Computer software platforms
Software for smartphones
Mobile software
Health monitoring software
Communication software
Downloadable software
Application software
Artificial intelligence software
Artificial intelligence software for healthcare
Machine learning software for healthcare
Computer software relating to the medical field
Software as a medical device [SaMD], downloadable
Software for dosage management
Support programmes for patients
The aforesaid goods solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Therapeutic and assistive devices adapted for persons with disabilities
Testing apparatus for medical purposes
Diagnostic apparatus for medical purposes
Electronic apparatus for medical purposes
Medical imaging apparatus
Electronic medical instruments
Medical diagnostic apparatus for medical purposes
The aforesaid goods solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 16 with following description of goods:
Computer software operating manuals
Computer programmes in printed form
The aforesaid goods solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 35 with following description of goods:
Providing consumer product advice relating to software
Providing consumer product information relating to software
Marketing in the framework of software publishing
Data processing services in the field of healthcare
The aforesaid services solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Health and wellness training
Conducting educational support programmes for healthcare professionals
Workshops
Coaching
Education services relating to health, The aforesaid services solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 42 with following description of goods:
Design of software
Maintenance of data processing software
Software development, programming and implementation
Design and development of electronic database software
Information technology services for the pharmaceutical and healthcare industries
Medical research
Medical research services
Computer programming in the medical field
Design and development of software in the field of mobile applications
Providing temporary use of web-based software
Testing, analysis and evaluation of the goods and services of others
The aforesaid services solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.
The mark was filed in class 44 with following description of goods:
Medical services
Consulting services relating to health care
Health counselling
Health assessment surveys
Providing health information
Health assessment services
Information services relating to health care
Human healthcare services
Health clinic services [medical]
Health resort services [medical]
Managed health care services
Home health care services
Provision of health information
Medical health assessment services
Medical and healthcare services
Health advice and information services
Health care consultancy services [medical]
Medical services
Rental of medical and health care equipment
Health care services offered through a network of health care providers on a contract basis
Preparation of reports relating to health care matters
Providing health care information via a global computer network
Medical information
Medical counseling
Medical consultations
Medical examinations
Medical care
Medical diagnostic services
Medical evaluation services
Medical equipment rental
Hire, in relation to the following goods: Medical equipment
Advisory services relating to medical problems
Telemedicine services
Providing medical information in the healthcare sector
Providing on-line information relating to the prevention of cardiovascular disease and strokes
Medical screening services relating to cardiovascular disease
Providing information relating to the treatment of cardiovascular and cerebrovascular diseases via the internet
Personalised health care and medical care
Health care packages in the form of administering drugs and additional digital medical and health care services
Support programmes for patients
Information relating to the use of medicines
The aforesaid services solely aimed at those involved in a healthcare system, namely healthcare service recipients, namely patients, healthcare service providers, namely doctors, healthcare service financers/healthcare service payers, namely insurance providers, in the field of digital health.