The trademark Embrace 36 was filed by BIOTRONIK SE & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 18, 2022, and received one opposition filed on November 20, 2022 by EMPATICA s.r.l. on Likelihood of confusion. the opponent was represented by DRAGOTTI & ASSOCIATI S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 24, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Mobile apps
Animated films
Motion picture films
Computer application software for mobile phones
Downloadable media
Downloadable educational media
Downloadable multimedia files
Data processing equipment
Software
Data storage programs
Computer software for collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information
Computer application software for mobile phones, namely, software for use in mobile apps, animated films, motion picture films, data storage, data editing, data organizing, data modifying, data transmission, data sharing
Recordable and downloadable media
Data processing equipment, programs and software.
The mark was filed in class 41 with Providing a website featuring non-downloadable publications in the nature of books, magazines, brochures, pamphlets in the fields of treatment of neurological diseases and online electronic newsletters delivered by e-mail in the field of neurological diseases (not downloadable)..
The mark was filed in class 44 with Medical services, namely, services for patients and information relating to the medical field, namely, in the field of neurostimulation and pain management and Informational services in the field of medical health, health care and neurology..