The trademark Gecko was filed by INVATIO UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 13, 2022, and received one opposition filed on December 11, 2022 by Sky Medical Technology Limited on Likelihood of confusion. the opponent was represented by Sonder IP ApS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022
The application was filed in German, and German 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 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on November 20, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for scientific research and laboratories, in the following fields: Breathing, breathing training, breathing techniques and breathing difficulties
Teaching apparatus and Instrumentation simulators, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Measuring instruments, Detection instruments and surveillance instruments for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Meteorology apparatus, Detection devices and monitoring devices, and measurement regulators, detection regulators and Monitoring controllers, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Analysers, Diagnostic apparatus, Examination apparatus and Monitoring apparatus for scientific use, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Filters for respiratory masks
Breathing apparatus, except for artificial respiration
Sports training simulators, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Electronic sports training simulators, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties.
The mark was filed in class 10 with Analytical devices, diagnostic devices, examination devices and monitoring devices for use in relation to respiratory training and treatment, not for use in pre- or post-operative care or the treatment of circulatory disorders.
The mark was filed in class 41 with following description of goods:
Training and Teaching, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Training, in relation to the following fields: Use of medical apparatus and instruments for breathing, breathing training, breathing techniques and breathing difficulties
Conducting workshops [training], in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Provision of training courses, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Conducting of cultural events, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Organising of sporting activities and of sporting competitions, in relation to the following fields: breath, Breathing training and breathing techniques
Provision of training courses, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Education services relating to medicine, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Provision of educational services relating to health, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Training services relating to fitness, in relation to the following fields: breath, Breathing training and breathing techniques
Vocational education relating to avoidance of health related problems, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Provision of on-line electronic publication, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Providing online electronic publications, not downloadable, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Arranging and conducting of exhibitions and competitions, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Arranging and conducting colloquiums, conferences, congresses, seminars, symposiums, and training workshops, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Arranging and conducting of conferences, congresses, seminars, symposiums, training courses, classes and lectures relating to breathing, breathing training, breathing techniques and breathing difficulties
Arranging and conducting of training events, lectures and training courses, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Publication of educational and teaching material, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Providing on-line publications, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Electronic publication of texts and printed matter, other than publicity texts, on the Internet, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Education and instruction, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Rental of sports equipment and training apparatus for breathing, breathing training, breathing techniques and breathing difficulties
Rental of training simulators, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties.
The mark was filed in class 44 with following description of goods:
Medical testing services relating to the diagnosis and treatment of disease, Especially, in the following fields: Breathing difficulties and respiratory illnesses
Medical analysis for the diagnosis and prognosis of diseases for breathing, breathing training, breathing techniques and breathing difficulties
Medical services for the diagnosis of conditions of the human body, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical diagnostic services, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical information, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Consultancy and information services relating to medical products, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical and healthcare clinics, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Conducting of medical examinations, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Providing medical information, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Individual medical counseling services provided to patients, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical counseling, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical evaluation services, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical services, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical treatments rendered by clinics and hospitals for breathing, breathing training, breathing techniques and breathing difficulties
Providing of information in relation to medical services, in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Medical diagnostic services, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Providing medical diagnostic services
Medical information services provided via the Internet, in relation to the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Conducting of medical analysis for diagnosing diseases for breathing, breathing training, breathing techniques and breathing difficulties
Medical analysis services for the diagnosis of diseases and prognosis of the expected course of diseases for breathing, breathing training, breathing techniques and breathing difficulties
Services for the provision of medical facilities, in relation to the following fields: Breathing training, breathing techniques and breathing difficulties
Rental of medical and health care equipment, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties
Provision of medical facilities at sporting events, for use in the following fields: breath, Breathing training, breathing techniques and breathing difficulties.