The trademark iCare Illume was filed by Icare Finland Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on July 14, 2022, and received one opposition filed on August 16, 2022 by Alcon Inc. on Likelihood of confusion. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 16, 2022
It was designated 'Basic Application' for International Application 1720130 at the World Intellectual Property Organization (WIPO).
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Cloud-based screening software
Software as a medical device [SaMD]
Software as a medical device [SaMD] for detecting, screening and diagnosing eye diseases as well as other diseases by imaging the eye
Computer programs and recorded software distributed online including computer software for accessing information directories that may be downloaded from a global computer network and computer software programs for creating searchable databases and for database management
Electronic publications including those sold and distributed online
Remote access online electronic information apparatus
Optical apparatus and instruments
All aforesaid good only for retinal screening and related diagnoses.
The mark was filed in class 10 with following description of goods:
Medical apparatus and devices for detecting, screening and diagnosing eye diseases
Medical analysis apparatus and devices for use by clinicians and primary care professionals for detecting, screening and diagnosing eye diseases
Medical analysis devices for use in the ophthalmic field incorporating cloud-based software for detecting, screening and diagnosing eye diseases
Medical devices for detecting, screening and diagnosing eye diseases and screening software for use therewith, sold as a unit
Confocal fundus imaging systems
Ophthalmic cameras for medical purposes
Medical imaging apparatus for diagnosing eye conditions, incorporating cloud-based screening software
Electronic teleophthalmology platforms for medical purposes [medical devices].
The mark was filed in class 42 with following description of goods:
Software as a service (SaaS)
Online provision of non-downloadable web-based applications
Online provision of non-downloadable web-based software
Providing information, including online, about scientific and technological services and research and design relating thereto