The trademark smartcor was filed by Christian Flottmann, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 8, 2023, and received one opposition filed on November 7, 2023 by AMIX LEVANTE S.L. on Likelihood of confusion. the opponent was represented by PADIMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 7, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003206626 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Hygienic preparations and articles
Sanitary preparations and articles
Air deodorising and air purifying preparations
Pest control preparations and articles
Dental preparations and articles
Dental preparations and articles, and medicated dentifrices.
The mark was filed in class 9 with following description of goods:
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Scientific and laboratory devices for treatment using electricity
Mobile apps.
The mark was filed in class 10 with following description of goods:
Clothing, headgear and footwear for medical personnel and patients
Clothing, headgear and footwear, braces and supports, for medical purposes
Hearing protection devices
Physical therapy equipment
Feeding aids and pacifiers
Medical furniture and bedding, equipment for moving patients
Medical and veterinary apparatus and instruments
Mobility aids
Prosthetics and artificial implants
Sex aids.
The mark was filed in class 42 with IT services and Science and technology services..