EUTM file information

018866515

MEDICAID

April 23, 2023

Trademark Summary

The trademark MEDICAID was filed by BIOSYNEX, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 3, 2023, and received one opposition filed on November 4, 2023 by MEDICAIR GROUP S.R.L. on Likelihood of confusion. the opponent was represented by Viganò, Jessica and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2023

The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).

The Refusal with reference B 018866515 was Rejected according to Article 7(1)(b) EUTMR with decision issued on December 2, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with following description of goods:
    1. Enzymes, not for medical purposes, for use in the following fields: Continuous homogenous isothermal amplifications of specific RNA or DNA matrices
    2. Nucleic acid amplification reagents [other than for medical use]
    3. Enzymes [other than for medical use] for use in the continuous homogenous isothermal amplifications of specific dna templates
    4. In-vivo diagnostic reagents, for use in the following fields: Biochemistry, Clinical chemistry, Microbiology and Molecular biology
    5. Diagnostic preparations comprising specimen receptors and reagents for testing for selected pathogens
    6. Reagents for chemical analyses and Reagents for biological analysis
    7. Vitamins for use in the manufacture of food supplements
    8. Vitamins, for use in the following fields: Preparation of cosmetics and pharmaceuticals
    9. Probiotics for use in the production of dietary supplements.
  • The mark was filed in class 3 with following description of goods:
    1. Essential vegetable oils
    2. Natural essential oils
    3. Blended essential oils
    4. Food flavourings [essential oils]
    5. Essential oils for personal use
    6. Oils for cosmetic purposes
    7. Ethereal oils
    8. Flavour enhancers for food [essential oils]
    9. Essential oils for the care of the skin
    10. Cosmetics
    11. Dentifrices
    12. Toothpaste
    13. Dentifrice powder
    14. Tooth powder
    15. Tooth whitening preparations
    16. Tooth whitening pastes, Dental bleaching creams and gels
    17. Breath freshening preparations, not for medical purposes
    18. Tooth care preparations
    19. Oral hygiene preparations
    20. Sets of cosmetic oral care products
    21. Toiletries.
  • The mark was filed in class 5 with following description of goods:
    1. Reagents for use in diagnostic tests [for medical purposes] and/or Reagents for use in screening tests For medical purposes
    2. Reagents for medical use
    3. Chemical reagents for medical or veterinary purposes
    4. Diagnostic biomarker reagents for medical or veterinary use
    5. Immunoassay reagents for medical use
    6. Medical diagnostic test strips
    7. Test strips for measuring blood glucose levels, Test strips for measuring cholesterol levels, triglycerides, cardiac markers or any other biomedical marker
    8. Reagent paper for medical or veterinary purposes
    9. Testing kits comprising diagnostic agents, preparations and substances, For medical purposes
    10. Reagents and preparations for pregnancy tests
    11. Pregnancy test kits and ovulation test kits
    12. Diagnostic test kits, for use in the following fields: Analysis of biological specimens or samples, detection of coronavirus, any virus, bacteria or parasite For medical purposes
    13. Diagnostic test kits comprising agents, For medical purposes
    14. In vitro diagnostic preparations for medical use
    15. Self-testing diagnostic kits comprising in vitro diagnostic agents, preparations and substances, For medical purposes
    16. Pharmaceutical and veterinary preparations
    17. Chemical preparations for use in dna analysis [medical] and Chemicals for use in RNA analysis For medical purposes
    18. Sanitary preparations for medical purposes
    19. Dietetic substances adapted for medical use
    20. Plasters, materials for dressings
    21. Material for stopping teeth, dental wax
    22. Disinfectants
    23. Bath preparations for medical purposes
    24. Sanitary pads and towels and sanitary pants
    25. Chemical preparations for medical or pharmaceutical purposes
    26. Medicinal herbs
    27. Herbal teas for medicinal purposes
    28. Sugar for medical purposes
    29. Alloys of precious metals for dental purposes
    30. Nutritional supplements
    31. Dietary supplements for human beings
    32. Dietetic preparations adapted for medical use
    33. Dietary supplements in powder form
    34. Food supplements in liquid form
    35. Dietary supplements with cosmetic effects
    36. Dietary supplements consisting of vitamins
    37. Dietary supplements for human beings
    38. Health food supplements made principally of vitamins
    39. Linseed oil dietary supplements
    40. Herbal dietary supplements for persons special dietary requirements
    41. Vitamin supplements
    42. Vitamins and vitamin preparations
    43. Vitamin preparations in the nature of food supplements
    44. Freeze-dried food adapted for medical purposes
    45. Homogenized food adapted for medical purposes
    46. Slimming pills
    47. Antioxidant pills
    48. Tanning pills
    49. Pomades for medical purposes
    50. Lotions for pharmaceutical purposes, Insect-repellent bracelets, Insect repellents
    51. Food for babies, Preparations for destroying vermin, fungicides, Parasiticides, All the aforesaid preparations being for medical purposes.
  • The mark was filed in class 9 with following description of goods:
    1. Quantitative Polymerase Chain Reaction [PCR] instruments for scientific use
    2. Real-time Polymerase Chain Reaction [PCR] instruments for scientific use
    3. Computer software for diagnostic test readers
    4. Computer software relating to the operation of diagnostic test readers and computer software for processing the data thereof
    5. Computer software for use with diagnostic apparatus
    6. Computer software relating to the operation of diagnostic apparatus and computer software for processing the data thereof
    7. Software for the diagnosis
    8. Diagnostic test readers not for medical use
    9. Test apparatus for diagnostic purposes (non-medical purposes)
    10. Printers, Tactile screens [electronic].
  • The mark was filed in class 10 with following description of goods:
    1. Diagnostic apparatus for medical purposes
    2. Blood testing apparatus
    3. Testing apparatus for medical purposes
    4. Apparatus for analysing substances [for medical use]
    5. Instruments for loop-mediated isothermal amplification, both for medical purposes
    6. Quantitative Polymerase Chain Reaction [PCR] instruments for medical use
    7. Real-time polymerase chain reaction (PCR) instruments for medical purposes
    8. Diagnostic test readers for medical use
    9. Apparatus for carrying-out diagnostic tests for medical purposes
    10. Thermometers for medical purposes, Thermometers for clinical purposes, Electronic thermometers for medical use, Temperature sensors for medical use, Electronic temperature recorders for medical use, Skin temperature indicators for medical use, Temperature sensitive testing instruments for medical use, Infrared thermometers for medical purposes, Contactless thermometers for medical purposes
    11. Tensiometers
    12. Pulse oximeters
    13. Testing instruments for medical diagnostic purposes
    14. Apparatus for analysing bacteria in biological samples [for medical use]
    15. Apparatus and devices for administering drugs by inhalation (chambers for inhalers) and more generally, apparatus and devices for administering drugs by inhalation
    16. Pillboxes for medical purposes and for the distribution and compartmentalisation of medicines
    17. Chemically activated hot and cold gel packs tor medical purposes
    18. Cooling patches for medical purposes
    19. Ice bags for medical purposes
    20. First-aid cooling patches
    21. Bandages, elastic
    22. Bandages, elastic
    23. Bandages for orthopaedic purposes
    24. Suture materials
    25. Thermal packs for first aid purposes
    26. Cushions for medical purposes
    27. Pressure relief pads and cushions
    28. Gloves for medical purposes
    29. Sanitary masks for medical purposes
    30. Venom extraction syringes
    31. Hearing protectors without the ability to reproduce or transmit sound
    32. Surgical and medical, apparatus and instruments
    33. Capillary tubes for samples
    34. Medical specimen cups
    35. Specimen cup holders
    36. Apparatus for taking body fluid samples
    37. Surgical, medical, dental and veterinary apparatus and instruments
    38. Artificial limbs, eyes and teeth
    39. Orthopedic articles
    40. Stockings for varices
    41. Feeding bottles
    42. Feeding bottle teats
    43. Clothing especially for operating rooms
    44. Massage apparatus
    45. Esthetic massage apparatus
    46. Artificial limbs
    47. Artificial implants
    48. All aforementioned goods for medical purposes
    49. Armchairs for medical or dental purposes
    50. Surgical drapes
    51. Basins for sanitary or medical purposes
    52. Furniture especially made for medical purposes, surgical cutlery, orthopaedic footwear
    53. Containers (for medical use), for use in the following fields: Medical care and Administration of medicines
    54. Cases fitted for medical purposes, for use in the following fields: Medical care and Administration of medicines
    55. Furniture especially made for medical purposes, for use in the following fields: Medical care and Administration of medicines
    56. Devices for accumulation, storage, pre-selection, distribution and administration, for use in relation to the following goods: Medicines
    57. Lice combs
    58. Measurement apparatus, for use in the following fields: Rapid diagnosis tests both for medical purposes.
  • The mark was filed in class 35 with following description of goods:
    1. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Chemicals for use in DNA and RNA analysis For medical purposes, Enzymes [other than for medical use] for use in the continuous homogenous isothermal amplifications of specific RNA or DNA templates, Nucleic acid amplification reagents not for medical purposes
    2. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Enzymes [other than for medical use] for use in the continuous homogenous isothermal amplifications of specific DNA templates, diagnostic reagents for in vitro use in biochemistry, clinical chemistry, microbiology and molecular biology
    3. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Diagnostic preparations comprising specimen receptors and reagents for testing for selected pathogens, Reagents for chemical and biological analyses, reagents for use in diagnostic tests for medical and/or screening purposes, Reagents for medical use, Chemical reagents for medical or veterinary purposes
    4. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Diagnostic biomarker reagents Adapted for medical or veterinary use, Immunoassay reagents for medical use, Test strips for medical diagnostics, Test strips for measuring blood glucose, cholesterol and triglyceride levels, cardiac markers or any other biomedical marker
    5. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Reagent paper for medical or veterinary purposes, Testing kits comprising diagnostic agents, preparations and substances For medical purposes, Preparations and reagents for pregnancy tests, Pregnancy and ovulation testing kits, testing kits comprising agents, in vitro diagnostic preparations For medical purposes
    6. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Self-testing diagnostic kits comprising in vitro diagnostic agents, preparations and substances For medical purposes, Pharmaceutical and veterinary preparations
    7. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Diagnostic test kits comprised of tests for analysing biological specimens or samples, detecting coronavirus, any virus, bacteria or parasite For medical purposes, Quantitative polymerase chain reaction [PCR] instruments For scientific use
    8. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Real-time polymerase chain reaction [PCR] instruments For scientific use, Measuring apparatus for use in rapid diagnostic testing, software for diagnostic test readers
    9. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Software for use in operating diagnostic test readers and software for processing the data thereof, software for diagnostic apparatus, software for use in operating diagnostic apparatus and software for processing the data thereof
    10. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: diagnostics software, Diagnostic test readers Not for medical use, Diagnosis apparatus Not for medical use, Printer's, Touch screens [electronic], Diagnostic apparatus for medical purposes, Surgical and medical devices and instruments, Blood analysis apparatus
    11. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Apparatus for medical analysis, Apparatus for analysing substances [for medical use], Instruments for loop-mediated isothermal amplification, For medical purposes, Quantitative polymerase chain reaction [PCR] instruments For medical purposes
    12. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Real-time polymerase chain reaction [PCR] instruments For medical purposes, Diagnostic test readers For medical purposes, Apparatus for carrying-out diagnostic tests for medical purposes, Testing instruments for medical diagnostic purposes
    13. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Medical apparatus for bacteriological analysis of biological samples, Capillary tubes for samples, Medical specimen cups, Specimen cup holders, Apparatus for taking body fluid samples, Gloves for medical use, Hygienic masks for medical purposes
    14. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Nutritional supplements, Dietary preparations for medical use, Supplements for food, Vitamins and vitamin preparations, Medicinal herbs, freeze-dried food adapted for medical purposes, homogenized food adapted for medical purposes, slimming pills, Antioxidant pills, tanning pills
    15. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Pomades for medical purposes, lotions for pharmaceutical purposes, Thermometers for medical purposes, Temperature sensors for medical use, Electronic temperature recorders for medical use, Skin temperature indicators, for medical purposes
    16. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Temperature sensitive testing instruments for medical use, Infrared thermometers for medical purposes, Apparatus for carrying-out diagnostic tests for medical purposes, Insect repellents, Lice combs, Hot-water bottles, Tensiometers, Pulse oximeters
    17. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Apparatus and devices for administering pharmaceutical products by inhalation, pill boxes for dispensing and compartmentalising medicines For medical purposes, chemically activated cold and hot gel packs For medical purposes, Cooling patches for medical purposes
    18. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Ice bags for medical purposes, First-aid cooling patches, elastic bandages, Bandages (elastic), Bandages for orthopaedic purposes, Suture materials, Thermal packs for first aid purposes, Cushions for medical purposes, Pressure relief pads and cushions
    19. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Ear plugs, Venom extraction syringes, Dentifrices, Teeth whitening preparations, Breath fresheners not for medical use, Tooth care products, Dental floss, Preparations for use in oral hygiene, Sets of cosmetic oral care products
    20. Retailing or Wholesale, Mail order sales, Retailing or wholesaling via the internet or via any electronic means of remote ordering, in relation to the following goods: Toiletries, Surgical and medical devices and instruments
    21. Demonstration of goods
    22. Presentation of goods on communication media, for retail purposes
    23. Commercial information and advice for consumers [consumer advice shop]
    24. Administrative processing of purchase orders
    25. Organisation of exhibitions and trade fairs for commercial or advertising purposes
    26. Sales promotion for others
    27. Business management assistance
    28. Office functions
    29. Compilation of information into computer databases
    30. Systemization of information into computer databases
    31. Computerized file management
    32. Book-keeping
    33. Invoicing
    34. Drawing up of statements of accounts, Purchase orders (administrative processing of -).
  • The mark was filed in class 42 with following description of goods:
    1. Chemical research
    2. Biological research, clinical research and medical research
    3. Laboratory analysis in the field of chemistry
    4. Technical assessments relating to design
    5. Laboratory services for scientific research
    6. Medical laboratory services
    7. Biological research laboratory services
    8. Chemical research laboratory services
    9. Laboratory research and analysis services
    10. Scientific research and analysis
    11. Computer aided scientific testing
    12. Rental of science and technology equipment
    13. Technical research projects and studies
    14. Design of computers for others
    15. Development of computers
    16. Computer software design
    17. Software development
    18. Research and development of new products for others
    19. Technical research
    20. Computer software design
    21. Installation of computer software
    22. Maintenance of computer software
    23. Updating of computer software
    24. Rental of computer software
    25. Computer programming
    26. Computer system analysis
    27. Computer system design
    28. Consultancy in the design and development of computer hardware
    29. Digitization of documents
    30. Software as a service [SaaS]
    31. Cloud computing
    32. Information technology [IT] consultancy.
  • The mark was filed in class 44 with following description of goods:
    1. Medical analysis services provided by medical laboratories For diagnosis and therapeutic purposes
    2. Consultancy services relating to health matters
    3. Medical screening
    4. Medical equipment rental
    5. Vaccination services
    6. Medical treatment using cultured cells
    7. Medical testing for diagnostic or treatment purposes
    8. Medical clinic services
    9. Medical analysis services for diagnostic and treatment purposes provided by medical laboratories, including the following services: Blood testing, Radiographic tests
    10. Remote monitoring of medical data for medical diagnosis and treatment
    11. Therapy services
    12. Medical laboratory services for the analysis of samples taken from patients.