The trademark HEALYZER was filed by Hamburg Access Technologies HAT GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 20, 2022, and received one opposition filed on October 20, 2022 by Healy International AG on Likelihood of confusion. the opponent was represented by FREISCHEM & PARTNER PATENTANWÄLTE MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 20, 2022
The application was filed in German, and German 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:
Integrated software packages for use in the automation of laboratories
Software
Downloadable software
Software suites
Computer programmes for data processing
Server-side software
Dashboard software
Data management software
Computer programmes for data processing
Downloadable software applications
Content control software
Risk detection software
Industrial controls incorporating software
Operational risk management software
Industrial process control software
Health monitoring software
Artificial intelligence software for healthcare
Software as a medical device [SaMD], downloadable
Data and file management and database software
Software for searching and retrieving information across a computer network
Software for monitoring, analysing, controlling and running physical world operations
Mobile apps
Application software
Web application software
Instruments for diagnosis [for scientific use]
Diagnostic apparatus, not for medical purposes
All the aforesaid goods relating to laboratory analysis machines, laboratory analyses and documentation.
The mark was filed in class 10 with following description of goods:
Medical instruments
Real-time Polymerase Chain Reaction [PCR] instruments for medical use
Quantitative Polymerase Chain Reaction [PCR] instruments for medical use
Diagnostic, examination, and monitoring equipment
Tools for medical diagnostics
Tools for medical diagnostics
Testing instruments for medical diagnostic purposes
Diagnostic apparatus for medical purposes
Medical diagnostic apparatus for medical purposes
Medical diagnostic apparatus for testing for viruses
Medical and veterinary apparatus and instruments
All the aforesaid goods relating to laboratory analysis machines, laboratory analyses and documentation.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
Hosting services, software as a service, and rental of software
Providing online, non-downloadable software
Development of computer programs for simulating laboratory experiments
Laboratory services
Analytical laboratory services
Analytical laboratory services
Scientific laboratory services
Analytical laboratory services
Laboratory testing
Laboratory services for analytical testing
Rental of laboratory apparatus and instruments
Consultancy relating to laboratory testing
Medical laboratory services
Software creation
Software development
Software creation
Computer software consultancy
Software development
Software engineering services for data processing programs
Computer programming and software design
Updating of computer software
Maintenance of computer software
Computer software technical support services
Software as a service [SaaS] featuring software for deep learning
Computer software research
Maintenance and repair of software
Rental of software for Internet access
Maintenance and updating of computer software
Development and maintenance of computer software
Software development, programming and implementation
Consulting services in the field of software as a service [SaaS]
Design and development of data retrieval software
Providing temporary use of on-line non-downloadable software for the transmission of data
Providing temporary use of non-downloadable software applications accessible via a web site
Development of diagnostic apparatus
Design of diagnostic apparatus
Medical and pharmacological research services
Computer aided industrial analysis services
Scientific analysis
Biological analysis
Biochemical analysis
Chemical analysis
Science and technology services
IT services
All the aforesaid services relating to laboratory analysis machines, laboratory analyses and documentation.
The mark was filed in class 44 with following description of goods:
Medical services
Services for the preparation of medical reports
Medical consultations
Providing information relating to medical services
Medical services for the diagnosis of conditions of the human body
Medical services relating to the removal, treatment and processing of human cells
Medical analysis for the diagnosis and treatment of persons
Human healthcare services
All the aforesaid services relating to laboratory analysis machines, laboratory analyses and documentation.