The trademark Acewin was filed by Jie Lu, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 5, 2022, and received one opposition filed on July 19, 2022 by Shenzhen Jiupai Innovation Technology Co., Ltd. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Albert Catala, Andrea
The application was filed in Italian, and Italian was also language of all opposition proceedings (German was selected as the second language).
A transfer of the trademark registration was recorded on November 8, 2022.
The Opposition with reference B 003174962 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on August 30, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medical diagnostic test strips
Diagnostic reagents for medical use
In vitro diagnostic preparations for medical use.
The mark was filed in class 9 with following description of goods:
Disposable gloves for laboratory use
Safety gloves for protection against accident or injury
Safety caps
Head protection
Goggles
Sports glasses
Eye protection
Face-protection shields
Protective visors
Safety clothing for protection against accident or injury
Safety footwear for protection against accident or injury
Life saving harnesses
Lanyards for safety purposes for fall protection
Protective suits for aviators
Protective clothing [body armour]
Teeth protectors
Shields for protecting the body against injury
Protective and safety equipment
Safety markers
Mannequins (Resuscitation -) [teaching apparatus]
Laboratory swabs [laboratory instruments]
Laboratory pipettes
Pipette racks for laboratory use
Test tubes
Holders for test tubes
Disposable dispenser syringes for laboratory use
Laboratory devices for detecting genetic sequences
Electrical equipment for the genetic modification of cells for research purposes
Thermometers, not for medical purposes
Droppers for measuring, other than for medical or household purposes
Pressure measuring apparatus
Diagnostic apparatus, not for medical purposes
Drone detection systems
Business management software
Artificial intelligence software
Virtual and augmented reality software
Spectacle frames
Spectacle lenses
Spectacle cases
Glasses, sunglasses and contact lenses
Virtual reality glasses
Virtual reality hardware
Augmented reality computer hardware
Head mounted augmented reality displays
Safety, security, protection and signalling devices
Body harnesses for support when lifting loads.
The mark was filed in class 10 with following description of goods:
Thermometers for medical purposes
Pulse oximeters
Pulse meters
Stethoscopes
Medical stethoscopes
Pulse measuring devices
Sphygmomanometers
Blood testing apparatus
Analysers for medical use
Urine test glasses
Medical diagnostic apparatus for testing for viruses
Medical examination lamps
Diagnostic apparatus for medical purposes
Apparatus for DNA and RNA exams for medical purposes
Genetic testing apparatus for medical purposes
Resuscitation apparatus
Sprayers for medical purposes
Shields for medical instruments
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
Medical syringes
Orthopedic articles
Dental apparatus and instruments
Articles for nursing infants
Medical operating lamps
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]
Apparatus for the treatment of cancer
Thread, surgical
Suture materials
Suture needles
Patient safety restraints
Sexual activity articles
Massage apparatus, electric or non-electric
Electrically operated massagers
Massage apparatus [for medical purposes]
Massage apparatus
Hearing protection devices
Physical therapy equipment
Ear plugs [ear protection devices]
Meters for measuring blood glucose
Aerosol dispensers for medical purposes
Oral irrigators.
The mark was filed in class 16 with following description of goods:
Tissues
Paper tissues
Tissue paper
Paper wipes
Kitchen rolls [paper]
Adhesive packaging tapes
Cartons of cardboard for packaging
Bubble packs (Plastic -) 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.