The trademark Embrace One 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 October 11, 2022, and received one opposition filed on January 10, 2023 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 January 10, 2023
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 June 21, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Mobile apps
Data processing equipment
Software
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, data storage, data editing, data organizing, data modifying, data transmission, data sharing
Recordable and downloadable media
Data processing equipment, programs and software, all aforementioned goods in the field of neurostimulation and pain management.
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), namely neurostimulation and pain management..
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.