The trademark BreathMo was filed by MagAssist Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on October 3, 2023, and received one opposition filed on December 13, 2023 by RAQUIL, Fabrice Hugues on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 13, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Apparatus for artificial respiration
Artificial heart-lung machines
Artificial heart-lung oxygenators
Medical apparatus and devices
Medical apparatus for assisting breathing
Medical apparatus for controlling pulmonary gas exchange parameters
Medical apparatus for the treatment of respiratory conditions
Medical and surgical apparatus consisting of blood oxygenators, blood reservoirs, blood filters, blood filter holders, probes, heat exchangers, connectors, and parts and fittings for the aforesaid goods
Oxygenators, medical tubing for blood perfusion, and trolleys for medical equipment, all for medical use.