The trademark MITO LIGHT was filed by Eva Fajfrová, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on September 20, 2022, and received one opposition filed on October 30, 2022 by Occhio GmbH on Likelihood of confusion. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 30, 2022
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0580/2024-4 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on July 4, 2024 by the EUIPO. The Opposition with reference B 003181868 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Goggles
Antireflection coated eyeglasses
Blue light blocking spectacles.
The mark was filed in class 10 with following description of goods:
Infrared lamps for curative purposes
Infrared lamps for medical purposes
Infrared radiator units for therapeutic purposes
Red and near infrared emitters, For therapeutic purposes.
The mark was filed in class 11 with following description of goods:
Infrared lamps
Infrared radiators
Infrared heating panels
LED luminaires
LED lamps
Infrared bulbs
Ultraviolet and infrared radiation apparatus
Solar lamps
LED sunbeds for cosmetic purposes
Infrared sunbeds for cosmetic purposes
LED light apparatus, Ultraviolet lighting apparatus, Infrared lighting apparatus
Combined lighting and ultraviolet apparatus
Full spectrum light sources
LED light machines.
The mark was filed in class 35 with following description of goods:
Retailing, On-line retailing, Wholesale services, in relation to the following goods: lighting, LED lamps, Apparatus for lighting, ultra-violet and infrared lighting apparatus, Combined devices for lighting, LED light sources, LED light tubes
Retailing, On-line retailing, Wholesale services, in relation to the following goods: Lamps For medical purposes, Infrared lamps For medical purposes, Infrared radiators for therapeutic purposes, Physical therapy apparatus, Red lamps for therapeutic purposes, red and near-infrared emitters, For therapeutical purposes
Retail services in relation to lighting, Wholesale services in relation to lighting, Retailing and wholesaling of spectacles, Retail and wholesale services in relation to: Infrared lamps, Retail and wholesale services in relation to: Infrared and near infrared lamps.
The mark was filed in class 42 with following description of goods:
Design, technical design and development of heating appliances and installations
Contriving designs, Technical design and developing, in relation to the followig goods: Lighting apparatus and installation
Design, technical design and development of sun tanning appliances and installations
Information, consultancy and advisory services relating to the aforesaid.
The mark was filed in class 44 with following description of goods:
Light therapy services
Health care relating to relaxation therapy
Consultation and Provision of information, in the following fields: Light therapy
Medical and healthcare services and Medical services, Especially, Treatment using healing lamps, Light therapy
Medical equipment rental, Especially, Rental of light therapy equipment
Conducting light therapies, namely light frequency applications
Medical services, In particular conducting acupuncture by means of light technology (LEDs).