The trademark HEMOLENS was filed by Hemolens Diagnostics B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 29, 2022, and received one opposition filed on September 15, 2022 by Edwards Lifesciences Corporation on Likelihood of confusion. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 15, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 4, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for use in the non-invasive diagnosis of cardiovascular and vascular diseases, disorders and conditions
Software, for use in the following fields: Analysis and calculation of blood flow information
Computer software for use in virtual cardiovascular and vascular interventional procedures and operations
Instructional and teaching manuals, Educational programmes, Software, Video films and publications in relation to the following fields: Non-invasive diagnosis of diseases, disorders and conditions of the circulatory system and blood vessels, the aforesaid goods being downloadable or machine-readable
Data, documents, Information affairs, Video recordings, (sound), texts and other media or multimedia systems, All the aforesaid goods recorded electronically or downloadable from the internet
Electronic publications, downloadable
Computer hardware
Video cassettes
Blank DVDs
Compact discs [read-only memory]
Secure Digital (SD) Memory Cards
Memory cards
Audio discs
Recordings of computer models and simulations.
The mark was filed in class 10 with following description of goods:
Diagnostic, examination, and monitoring equipment
Cardiovascular instruments
Cardiovascular monitors
Apparatus for the diagnosis of cardiovascular diseases.
The mark was filed in class 42 with following description of goods:
Medical and biomedical research services
Design of medical apparatus
Investigations, Design, deployment and Engineering consultancy services In relation to the following goods: Medical apparatus, Surgical apparatus, Medical Tools, Surgical equipment, Medical devices and Surgical apparatus
Research and development of new diagnostic tools and simulations
Computer software design, Writing of computer software, Development of computer software, Testing of computer software, Installing computer software and Updating of computer software
Technological assistance services, namely troubleshooting of computer software
Providing temporary use of non-downloadable software
Design, upgrading, the maintenance and Hosting In relation to the following goods: Websites featuring knowledge bases in the field of diagnosis and treatment of cardiovascular diseases
Providing an online platform featuring technical information relating to computer-assisted modelling and simulations
Information and advisory services relating to the aforesaid, including the aforesaid services provided online from a computer network or the internet
Design and development of virtual reality software for diagnostics and the presentation of the results of medical and biomedical research and surgical procedures in cardiovascular and vascular procedures and operations.