The trademark LOXAMED was filed by LOXAMED, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 12, 2022, and received one opposition filed on December 12, 2022 by Medworx GmbH on Likelihood of confusion. the opponent was represented by Zirngibl Rechtsanwälte Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 12, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations
Sanitary preparations for medical purposes
Dietetic foods adapted for medical purposes
Dietetic substances adapted for medical use
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Food for babies
Food supplements
Plasters, materials for dressings
Teeth filling material
Dental impression materials
Disinfectants
Preparations for destroying noxious animals
Fungicides
Weedicides
Bath preparations for medical purposes
Sanitary panties
Sanitary towels
Chemical preparations for medical purposes
Chemical preparations for pharmaceutical purposes
Medicinal herbs
Herbal teas for medicinal purposes
Parasiticides
Alloys of precious metals for dental purposes
Medical equipment, namely Cotton swabs for medical purposes, Oxygen cylinders, filled, for medical purposes and Cotton for medical purposes
Antibacterial gels
Alcohol-based antibacterial skin sanitizer gels
Diagnostic testing materials for medical use
Reagents for use in diagnostic tests [for medical purposes]
Medical diagnostic reagents and assays for testing of body fluids
Serological tests
Medical screening equipment, namely diagnostic testing materials, For medical purposes.
The mark was filed in class 7 with following description of goods:
Machine tools
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements other than hand operated hand tools
Shears, electric
Saws [machines]
Saw blades [parts of machines]
Drilling machines
Millstones [machine parts]
Polishing machine segments
Pneumatic drills
Concrete breaking machines
Perforators (machines)
Bits for perforators
Hydraulic rubber-coating machines
Sandblasters
Drills
Drill/drivers
Fluid mixers
Electricity generators
Pumps [machines]
Lift pumps
Cellar pumps (machines)
Lifting apparatus
Lifting chains
Reels, mechanical, for flexible hoses
Reeling apparatus, mechanical
Render spraying machines
Common mortar spraying machines
Roughcasting machines
Wreckers
High pressure washers
Rammers
Vibrating plates
Industrial vacuum cleaners
Tree pruners [machines]
Power saws
Edgers
Lifting winches
Compressors
Diamond discs for tiles and ceramics, natural stone, granite, schists and hard materials, asphalt and coatings, old concrete, reinforced or otherwise, floor saws and cutting machines, coatings and fresh concrete, and composite diamond discs for reinforced concrete and cast iron for cutters
Sanders, electric, for parquet floors, and abrasive belts
Glue, mastic and silicone guns, electric
Spray guns for paint, compressed air guns for the extrusion of mastics, electric
Mixers, glue mixers, concrete-mixers
Hand-held tools, other than hand-operated namely Crystallisers for renovating marble, Sandblasters, Articulated loaders, Bending machines, Pin nailers, Polishing machines, Portable surface scrapers
Mechanical diggers, hand drills, electric, namely impact drills, magnetic drills
Hand tools other than hand-operated, namely pneumatic staplers, combined staplers and nailers, screwdrivers, jointers, sanders, belt sanders, disc sanders, sanders for parquet floors, marble sanders, floor sanders, vibrating sanders, orbital sanders with extraction system, planing machines
Electrical appliances for domestic cleaning purposes
Ploughs
Distribution machines, automatic
Soldering apparatus, electric
Soldering irons, electric, Electric arc welding apparatus, Electric arc cutting apparatus.
The mark was filed in class 8 with following description of goods:
Hand tools and implements [hand-operated]
Cutlery
Side arms, other than firearms
Razors
Pruning scissors
Hand-operated garden tools
Hatchets
Sledgehammers
Hammers [hand tools]
Earth rammers [hand tools]
Drills
Forks
Manure forks
Abrading instruments [hand instruments]
Spades [hand tools]
Pickhammers
Graving tools [hand tools]
Masons' chisels
Rail guards
Pruning shears
Tree pruners
Scrapers
Hand-operated implements, namely Spreaders
Shovels [hand tools]
Pickaxes
Rakes
Scraping tools [hand tools]
Screw wrenches
Tubular hexagon box spanners
Ratchet handles
Hand-operated implements, Namely bolt cutters
Trowels
Floats
Cutters
Hand-operated implements, namely Atomisers
Sprayers for coating and plastering
Squares
Hedge trimmers
Bitumen scrapers of wood
Crow bars
Wire-binding apparatus
Formwork clamps
Sharpening instruments
Grindstones [hand tools]
Shovels [hand tools]
Rakes [hand tools]
Masons' hammers
Sledgehammers
Pliers
Hole punches
Breast drills
Gimlets
Saws [hand tools]
Saw holders
Saw blades
Guns [hand tools]
Guns, hand-operated, for the extrusion of mastics
Spatulas
Planes
Pliers
Nail extractors, hand-operated
Diggers
Trowels
Wood slicers
Shears
Scissors
Border shears
Sickles
Scythes, Blades [hand tools]
Shear blades
Die stocks
Bits [parts of hand tools]
Clamps for carpenters or coopers
Die stamping machines
Vices
Screwdrivers, non-electric
Milling cutters
Lawn clippers [hand instruments]
Augers [hand tools].
The mark was filed in class 9 with following description of goods:
Scientific (other than for medical purposes), optical, nautical, surveying, cinematographic, optical, weighing, measuring, signalling (luminous or mechanical), checking (supervision), life-saving and teaching apparatus and instruments, other than audiovisual apparatus and electronic apparatus
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Recording substrates [magnetic]
Phonograph records
Coin-operated mechanisms
Cash registers
Calculators
Data processing apparatus
Computers
Fire extinguishers
Protective apparatus and instruments, protective helmets, hard hats, helmets and ear protectors
Cases for hearing protection headsets (or earmuffs)
Protective goggles, goggles, protective masks
Filters for protective masks
Clothing for protection against accidents, irradiation and fire, gloves for protection against accidents
Footwear for protection against accidents, irradiation and fire
Markers, luminous or mechanical, for building sites
Projectors
Batteries, electric
Inverters
Spools for electric wires
Rulers of metal: laser guiding cells
Building site lights
Road separators, luminous or mechanical
Masonry levels
Composite levels
Electronic levels
Levelling instruments, detectors, metal detectors for industrial or military purposes
Fuse wire
Welding electrodes, Solderers' helmets, Coils, electric, Holders for electric coils, Cables, electric
Sheaths for electric cables, junction sleeves for electric cables, connections for electric lines
Workshop levels
Breathing masks
Filters for respiratory masks
Anti-pollution masks for respiratory protection
Respiratory masks, other than for artificial respiration
Clothing for protection against biological hazards
Clothing for protection against chemicals.
The mark was filed in class 10 with following description of goods:
Respiratory masks for medical purposes
Protective breathing masks for medical applications
Apparatus for blood analysis [for medical use]
Ear plugs [hearing protection devices]
Needles for medical purposes
Testing apparatus for medical purposes
Blood testing apparatus
Machines, namely Analysers for identifying bacteria
Elastic stockings for surgical purposes
Patient examination gowns
Sterile sheets, surgical
Surgical apparatus and instruments
Diagnostic apparatus for medical purposes
Gloves for medical purposes
Medical apparatus and instruments
Syringes for medical purposes
Clothing especially for operating rooms
Garments, Headwear and Articles of footwear both for medical purposes
Orthopaedic apparatus and support apparatus, for medical purposes
Protective masks for medical purposes.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by air or water
Trailers [vehicles]
Trailers for carrying rollers, trailers for carrying equipment
Hose carts
Forklift trucks
Handling carts
Electric vehicles
Wheelbarrows
Two-wheeled trolleys
Tipping bodies for vehicles
Caravans, caravans for construction sites
Apparatus for locomotion by land, Lorries, Three-way dumper trucks, Access platform trucks, Vans [vehicles], Tipping bodies for lorries, Closed heavy goods vehicles, Dumper trucks, Tractors, Backhoe excavators, Trailers [vehicles], Trolleys, Construction site carts, Spraying carts, Handling carts, Forklift trucks, Transporter carts, Telescopic forklift trucks, Pallet trucks, Vehicles for DIY, gardening and terracing, Wheelbarrows, Carts, Sprinkling trucks.
The mark was filed in class 35 with following description of goods:
Office machines and equipment rental, Rental of advertising space
Advertising
Business management
Business administration
Office functions
Organization of exhibitions for commercial or advertising purposes
Sales promotion for others
Retailing of goods in the building and DIY sector
Business promotion
Provision of commercial information
Loyalty scheme services
Customer loyalty schemes by way of promotions and publicity
Personnel placement
Commercial intermediation services
Handling of administrative formalities, for others
Retailing, in relation to the following goods: masks and Hydro-alcoholic gels
Retail services, in relation to the following goods: Respiratory masks for medical purposes, Sanitary masks for medical purposes, Antibacterial gels, alcohol-based antibacterial skin sanitiser gels, Diagnostic testing materials for medical use, Diagnostic tests For medical purposes, Antibody tests, medical screening equipment.
The mark was filed in class 36 with following description of goods:
Insurance underwriting
Banking
Monetary affairs
Real estate affairs
Provident fund services
Issuing of travellers' cheques and letters of credit
Real-estate valuations
Building management
Lease-purchase financing services.
The mark was filed in class 37 with following description of goods:
Construction services
Rental of tools and construction equipment
Rental of construction equipment
Rental of cleaning machines
Rental of bulldozers, Rental of excavators, Rental of cranes [construction equipment], Rental of lifts, rental of bucket elevators, Rental of ladders, Rental of hoists
Scaffolding
Installation services of lifting platforms
Rental of painting equipment
Rental of equipment for parquet floor laying or repair
Rental of sawing equipment, welding equipment
Repair and Maintenance, In connection with the following goods: Construction equipment, Cleaning machinery, Bulldozers, Excavators, Construction equipment, namely cranes, Elevators (lifts), Nacelles, Ladders, Winches, Staging, Lifting platforms, Tools, Construction equipment
Information relating to building and repair
Construction and Repairs, in relation to the following fields: Construction of buildings, Road construction, Construction of bridges, Construction of reservoirs or construction of transmission lines, namely building repair, Concrete repairs, Redressing facades, Repair of ceilings and roofings
Services in relation to the hiring-out of tools and building equipment
Rental of excavators
Rental of road sweeping machines
Rental of cleaning machines
Rental of bulldozers, cranes, lifts, platforms, cradles, scaffolding, ladders
Rental of equipment for construction sites, public works, power shovels, rock-breaking hammers and buckets, lifting cars (lift cars) for construction sites, dumper trucks, loaders, ditchers, concrete-mixers, wheelbarrows, levels, floats, tree-uprooting equipment
Rental of boring equipment (punches, jack hammers, drills, borers)
Rental of cutting equipment (stone saws, concrete saws, chainsaws, welding equipment) and welding equipment, rental of equipment for repairing upholstery
Rental of painting equipment, paint guns, electric blow torches, spray carts, machines for spraying coatings
Rental of equipment for installing parquet floors and renovating parquet floors, rental of sanders, edgers, polishers, rental of plastering equipment, rental of plumbing equipment
Rental of equipment for insulating and sealing and for roofing work
Rental of maintenance or cleaning equipment for buildings, premises and grounds (resurfacing and repointing of façades, disinfecting, rat exterminating)
Rental of electric apparatus of all kinds for construction, building and public works
Consultancy, in relation to the following fields: Multirental, rental of equipment for lifting, transport, handling and insulation for building fabric work, earthmoving, building, public works, boring, sawing, sanding, welding, plumbing, painting and renovation of premises, buildings and grounds, the cleaning of premises, buildings, for green spaces
Installation, mounting, dismantling and assembly of bungalows, installation, repair and coupling of power generators (engineering), setting up of pumping installations
Services for the washing of buildings, Window cleaning services, Window cleaning
Housekeeping services [cleaning services]
Disinfecting services
Providing of information relating to cleaning and disinfection
Rental of industrial equipment, namely Rental of machinery, machine tools, equipment and tools, in relation to the following fields: Construction of buildings, Road construction, Construction of bridges, Construction of reservoirs or construction of transmission lines
Rental of building machines and apparatus for building construction use, namely Rental of machine tools, Hire of plant, Hire of tools and Rental of electric apparatus.
The mark was filed in class 39 with following description of goods:
Rental of vehicles, lorries, car transporters, tipping bodies for lorries, vans, light vans, trailers
Rental of storage space, rental of storage containers
Rental of vehicle roof racks, Storage
Storage and delivery of goods
Transport and transportation information
Consultancy regarding transport
Consultancy relating to the rental of equipment for transport and vehicles
Distribution services, in relation to the following goods: Breathing masks for medical purposes, Safety masks for medical purposes, Antibacterial gels, alcohol-based antibacterial skin disinfectant gels, diagnostic test equipment for medical purposes, Diagnostic tests for medical purposes, Antibody tests, medical screening equipment
Transport
Transportation of waste
Transportation of medical waste and special waste
Travel booking agencies
Tour organising.
The mark was filed in class 40 with following description of goods:
Rental of compressors, generating sets, hot air generators, Rental of heating apparatus, Rental of air conditioning apparatus, hire of welding apparatus, Rental of abrading apparatus, rental of sawing apparatus
Waste processing
Incineration of medical waste.
The mark was filed in class 42 with following description of goods:
Computer rental, rental of computer software
Computer programming
Medical research
Implementation of clinical trials, In the field of serology, Namely expertise Antibody tests.
The mark was filed in class 43 with Rental of transportable buildings, whether or not of metal.
The mark was filed in class 44 with following description of goods:
Farming equipment rental
Rental of DIY and gardening equipment
Healthcare (information)
Medical services
Animal healthcare services
Hygienic and beauty care for human beings or animals
Medical assistance
Plastic surgery
Hospital services
Nursing home services
Convalescent or rest homes
Opticians' services
Alternative medicine services
Beauty salon services
Hair salon services
Animal grooming services
Gardening
Consultancy, information and data in the field of healthcare
Expertise in the field of healthcare
Telemedicine services
Remote assistance in the field of healthcare
Consultancy in the medical and pharmaceutical fields
Medical equipment rental
Medical services
Providing of information in the field of health
Alcohol screening for medical purposes
Managed health care services
Exercise facilities for health rehabilitation purposes (Provision of -)
Medical screening
Medical assistance
Medical information
Medical treatment services
Emergency medical assistance
Medical evaluation services
Medical consultations
Medical equipment rental
Mobile screening and diagnostic screening units
Screening via PCR testing and antibody testing
Medical diagnosis
Medical diagnostic services, Via teleconsultation
Distribution of masks and hand sanitisers
Referral services to medical care providers
Antibody test assays
Services of medical laboratories
Distribution services, in relation to the following goods: respiratory masks For medical purposes, Safety masks For medical purposes, Antibacterial gels, alcohol-based antibacterial skin disinfectant gels, diagnostic test equipment For medical purposes, Diagnostic testing For medical purposes, Antibody tests, medical screening equipment
Vaccination services
Referral services to medical care providers
Services of medical laboratories.
The mark was filed in class 45 with following description of goods:
Security guarding for facilities
Physical security consultancy
Information services relating to health and safety
Security guarding of facilities via remote monitoring systems