The trademark HOSPILUX was filed by HOSPILUX S.A., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on July 7, 2022, and received one opposition filed on August 2, 2022 by Luz Saúde, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by De Magalhães Moreira Rato, Gonçalo and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 4, 2022. Change of name and professional address of the trademark registration was recorded on December 22, 2022.
The application claimed as seniority of "BX" trademark 1064560 registered on October 25, 2004 and filed on October 24, 2004 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Laundry bleach
Laundry preparations
Scouring substances
Polishing preparations
Abrasives
Cleaning preparations
Soap
Ethereal oils
Cosmetics
Hair lotions
Dentifrices
Make-up removing preparations
Make-up preparations
Hair lotions
Bath salts, not for medical purposes
Perfumes
Perfumery
Cosmetic preparations for face and body skincare
Cleansing milk for toilet purposes
Balms, other than for medical purposes
Antiperspirants [toiletries]
Antiperspirants [toiletries]
Depilatory preparations
Make-up removing preparations
Beauty masks
Shaving preparations
Talcum powder, for toilet use
Perfumed powder [for cosmetic use]
Baby powder
Shampoos
Hair conditioners
Body milks
Bath foam
Preparations for mouth, skin and tooth care
Aromatics [essential oils]
Flavourings for beverages [essential oils]
Astringents for cosmetic purposes
Bases for flower perfumes
Cotton swabs for cosmetic purposes
Scented wood
Colorants for toilet purposes
Cosmetics
Cold creams for cosmetic use
Bleaching preparations [decolorants] for cosmetic purposes
Deodorants for human beings or for animals
Scented water
Incense
Extracts of flowers [perfumes]
Herbal extracts for cosmetic purposes
Massage gels, other than for medical purposes
Massage oils and lotions
Non-medicated massage preparations
Greases for cosmetic purposes
Oils for cosmetic purposes
Oils for toilet purposes
Oils for cleaning purposes
Oils for perfumes and scents
Ionone [perfumery]
Almond milk for cosmetic purposes
Lotions for cosmetic purposes
Mint for perfumery
Decorative transfers for cosmetic purposes
Cosmetic kits
Cotton wool for cosmetic purposes
Air fragrancing preparations
Cosmetic preparations for baths
Aloe vera preparations for cosmetic purposes
Sunscreen preparations
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Bath preparations, not for medical purposes
Cosmetic preparations for skin care
Cosmetic preparations for slimming purposes
Pomades for cosmetic purposes
Cleaning preparations
Toiletries
Almond soap
Cakes of toilet soap
Tissues impregnated with cosmetic lotions
Shampoos
Talcum powder, for toilet use
Baby oils
Baby wipes
Baby lotions
Baby powder
Baby shampoo
Conditioners for babies
Baby oil (toiletries)
Baby wipes [for cosmetic use]
Baby lotions [toiletries]
Baby powder (toiletries)
Air fragrance reed diffusers.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations
Chemical preparations for medical purposes
Chemical preparations for pharmaceutical purposes
Sanitary preparations for medical purposes
Bacterial preparations for medical and veterinary use
Biological preparations for medical purposes
Balms for medical purposes
Foodstuffs and dietetic substances for medical or veterinary purposes
Food for babies
Dietary supplements for animals
Dietary supplements for humans
Dietary supplements consisting of minerals and vitamins
Nutritional supplements
Appetite suppressants for medical purposes
Plasters, materials for dressings
Teeth filling material
Dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides
Bath preparations for medical purposes
Sanitary pads and towels and sanitary pants
Bath preparations for medical purposes
Medicinal oils
Cachets for pharmaceutical purposes
Capsules for medicines
Pastilles for pharmaceutical purposes
Plant extracts for medical or pharmaceutical use
Dietary fibre
Mineral dietary supplements
Vitamin preparations
Medicinal herbs
Herbal teas for medicinal purposes
Parasiticides
Sugar for medical purposes
Candy, medicated
Gum for medical purposes
Dietetic beverages adapted for medical purposes
Alloys of precious metals for dental purposes
Medical preparations for slimming purposes
Cotton for medical purposes
Deodorants other than for personal use
Incense for repelling insects
Absorbent cotton
Menthol
Smelling salts
Remedies for foot perspiration
Medicated creams
Medicated skin creams
Antifungal creams for medical use
Moisturising creams [pharmaceutical]
Acne creams [pharmaceutical preparations]
Night creams [medicated]
Babies' creams [medicated]
Creams (Medicated -) for application after exposure to the sun
Protective creams (Medicated -)
Cold cream for medical use
Beverages for infants
Babies' diapers
Babies' napkin-pants of paper
Disposable babies' diaper-pants
Lacteal flour for babies
Medicated baby oil
Powdered milk for babies
Medicated baby powder
Preparations containing menthol for steam baths for babies
Disinfectant soap
Medicated soap
Antibacterial handwashes
Antiparasitic preparations
Air deodorizing preparations
Medicated hair lotions
Air purifying preparations
Anti-lice treatment preparations.
The mark was filed in class 10 with following description of goods:
Medical and surgical apparatus and instruments
Testing apparatus for medical purposes
Diagnostic, examination, and monitoring equipment
Diagnostic apparatus for medical purposes
Analysers for bacterial identification for medical purposes
Apparatus for DNA and RNA testing for medical purposes
Apparatus for clinical diagnosis
Genetic testing apparatus for medical purposes
Blood collecting tubules
Blood collection needles
Apparatus for measuring arterial blood flow
Apparatus for the treatment of cellulite
Massage apparatus [for medical purposes]
X-ray apparatus for medical purposes
Intravenous infusions
Infusion apparatus for therapeutic purposes
Cannulae
Syringes for medical purposes
Supportive anatomical bandages
Dressing forceps
Heat therapy instruments
Heat therapy instruments
Physiotherapy and rehabilitation equipment
Cupping glasses
Surgical compressors
Cold packs for medical purposes
Compression dressings
Materials for bandaging [suspensory]
Splints for medical use
Suture materials
Scalpels
Protective clothing for medical purposes
Catheters
Fingerstalls for medical purposes
Gloves for medical purposes
Biopsy needles
Blankets for medical purposes
Blood extraction apparatus
Glucometers
Diagnostic testing apparatus for medical use
Massage rollers
Audiometers
Inhalers
Pulse oximeters
Spirometers [medical apparatus]
Neuro hammer
Clinical thermometers
Medical instrument cabinets.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services, in relation to the following goods: Medical, surgical and sanitary apparatus and instruments for human beings
Retail services, in relation to the following goods: Pharmaceutical preparations, veterinary goods, Dietetic preparations and substances for medical use, Baby food, Plasters, Materials for dressings, Disinfectants, Surgical, medical, dental and veterinary instruments and apparatus
Retailing, in relation to the following goods: Artificial limbs, eye and teeth, Orthopedic articles and Suture materials, Food supplements not for medical purposes, Soaps and Perfumery, Essential oil, Cosmetics, Hair lotions, Dentifrices
Retail services, in relation to the following goods: Equipment, furnishings and supplies for hospitals, nursing homes and retirement homes
Retailing, in relation to the following goods: Equipment, supplies and apparatus for elderly care
Assistance, in relation to the following fields: Marketing of goods/supplies for hospitals, communities, medical clinics and laboratories, nursing homes and retirement homes
Administrative management of hospitals and healthcare centres
Administrative management of companies (for others)
Commercial information and advice for consumers of medical services and for patients in hospitals and healthcare centres (consumer advice shop)
Human resources management services
Personnel management consultation
Personnel selection
Purchase orders (administrative processing of -)
Invoicing
Book-keeping
Computerized file management
Collection and systematic ordering of data in a central file
Arranging subscriptions to telecommunications services for others
Providing online commercial information directories on the internet relating to medical services, hospitals and healthcare centres
Health care cost review
Maintaining files and records concerning the medical condition of individuals
Administration of prepaid health care plans.
The mark was filed in class 44 with following description of goods:
Medical services
Geriatric services
Midwife services
Aromatherapy services
Medical assistance
Preparation and dispensing of medications
Providing of information relating to the administration of medicines
Providing information relating to the preparation and dispensing of medications
Medical services
Medical and health clinics
Guidance in the field of public health
Health counselling
Consultancy relating to health
Providing information in the field of health
Medical and health clinic services
Medical services
Medical and healthcare services
Hygienic and beauty care services
Rental of medical and health care equipment
Providing of information relating to health
Providing consultancy relating to healthcare
Plastic surgery
Medical advice for individuals with disabilities
Pharmacy advice
Rental of sanitary installations
Medical equipment rental
Preparation of prescriptions by pharmacists
Medical clinic services
Health centre services
Nursing, medical
Convalescent home services
Rest home services
Nursing home services
Alternative medicine services
Telemedicine services
Hospice services
Hospital services
Emergency medical assistance
Medical analysis for the diagnosis and treatment of persons
Fitting of artificial limbs
Dental assistance
Cosmetic and plastic surgery
Medical counseling
Pharmaceutical advice
Genetic counseling
Medical screening
Occupational therapy and Rehabilitation
Physical examinations
X-ray examinations for medical purposes
Health-related information via websites
Medical information
Rental of medical radiography apparatus
Rental of apparatus and installations in the field of medical technology
Rental of ultrasound apparatus for medical diagnosis
Medical equipment rental
Rental of medical machines and apparatus
Rental of medical apparatus and installations
Providing of information in the field of medicine
Providing information relating to medical services
Providing of information in the pharmaceutical field
Providing medical information
Fitting of artificial limbs, prosthetic devices and prostheses
Preparation of prescriptions in pharmacies
Providing advice relating to pharmaceuticals
Consultancy relating to medical apparatus and instruments
Conducting of medical examinations
Laboratory analysis services relating to the treatment of persons
Medical care and analysis services relating to patient treatment
Medical analysis services relating to the treatment of patients
Medical analysis services relating to the treatment of persons
Medical analysis relating to the treatment of persons provided by medical laboratories
Services provided by chiropractors, physiotherapy, acupuncture, osteopathy, sports medicine, massage and paramedicine
Surgery services
Dental clinic services
Health clinic services
Consultancy relating to medical aid provided by doctors and other medical professionals
Consultancy relating to pharmaceutical and medical preparations
Consultancy in the field of health care
Medical consultations
Medical diagnostic services
Pathology services relating to the treatment of persons
Radiology services
Ambulant medical care
Surgical treatment services
Health and beauty treatments
Medical evaluation services
Medical testing services relating to the diagnosis and treatment of disease