The trademark OPTOTECH was filed by Andrzej Śmigacz, a national of the Republic of Poland (the "Applicant") and Tomasz Chabik, a national of the Republic of Poland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 20, 2023, and received one opposition filed on July 19, 2023 by OptoTech Optikmaschinen GmbH on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with Ophthalmic instrument tables and Viricidal and germicidal UV lamps, for medical purposes..
The mark was filed in class 35 with Wholesale and retail business, Including online, in relation to the following goods: Medical apparatus and devices For ophthalmic purposes, Veterinary apparatus and instruments, Specialised equipment for eye testing and eye microsurgery for humans and animals, ophthalmic diagnostic apparatus, surgical apparatus and instruments for ophthalmic purposes, ophthalmic microscopes, lamps for ophthalmic purposes, viricidal and germicidal UV lamps Adapted for medical use, Ophthalmic tools and instruments, lenses and implants for use in ophthalmology, lenses and eyeglass frames for use in ophthalmology, pharmaceutical products, medical and veterinary preparations, Pharmaceuticals for ophthalmological use, Orthopedic articles, Sanitary preparations for medical purposes, Disinfectants, and viricidal and germicidal apparatus, Furniture for medical purposes, Ophthalmic instrument tables.