The trademark SIGNAL-BE was filed by Universal Diagnostics, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 27, 2022, and received one opposition filed on June 26, 2022 by Signal Technology Foundation on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by SIMMONS & SIMMONS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 26, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 24, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Diagnostic preparations and materials
Diagnostic preparations for medical purposes
Reactants for medical diagnosis
Diagnostic preparations for medical purposes
Diagnostic agents for medical use
Diagnostic testing materials for medical use
Diagnostic kits comprising medical diagnostic reagents and assays for the detection of diseases.
The mark was filed in class 9 with following description of goods:
Software related to the medical sector
Software as a medical device [SaMD], downloadable
Diagnostic software
Electronic publications related to the medical sector, downloadable
None of the aforementioned goods relating to computer software for messaging or calling, social networking, or enabling the electronic transfer of money.
The mark was filed in class 10 with following description of goods:
Diagnostic, examination, and monitoring equipment
Tools for medical diagnostics
Tools for medical diagnostics
Automatic analyzers for medical diagnosis
Diagnostic apparatus for medical purposes
Testing instruments for medical diagnostic purposes
Apparatus for carrying-out diagnostic tests for medical purposes
Apparatus for tumour diagnosis
Medical apparatus and instruments, for diagnostic use, in particular, apparatus for medical diagnostic testing.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, as well as related research and design services
Industrial analysis, industrial research and industrial design services
Quality control and authentication
Design and development of hardware and software related to the medical sector and/or for diagnostic purposes
IT services
Development and testing of computing methods, algorithms and software related to the medical sector and/or for diagnostic purposes
Research on the subject of pharmaceuticals
Medical laboratory services
Scientific research for medical purposes in the area of cancerous diseases
Design and development of diagnostic apparatus
Design and development of medical diagnostic apparatus
Counselling, Information and Consultancy in relation to the following fields: metabolic testing and medical trials
Providing temporary use of non downloadable software for metabolic and medical tests
Providing temporary use of non-downloadable software for quality control systems for metabolic and medical tests
Quality assurance services for others
Metabolic testing quality control services, medical testing quality control services
Providing temporary use of non-downloadable software to monitor and improve the reliability and quality of metabolic and medical tests
Software as a service (SaaS) featuring software for analysis and reporting of metabolic and medical test data.
The mark was filed in class 44 with following description of goods:
Medical services
Human healthcare services
Performing diagnosis of diseases
Medical diagnostic services
Medical analysis for the diagnosis and treatment of persons
Medical testing for diagnostic or treatment purposes
Medical testing services relating to the diagnosis and treatment of disease
Issuing of medical reports
Medical analysis services for cancer diagnosis and prognosis.