The trademark Misure was filed by "AMAR" JOANNA MARSZAĆEK, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 22, 2023, and received one opposition filed on November 22, 2023 by HOLOGIC, INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Cornell, Clare and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 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 9 with following description of goods:
Thermometers
Infrared thermometers
Measuring, detecting, monitoring and controlling devices
Sensors, detectors and monitoring instruments
Scientific research and laboratory apparatus, educational apparatus and simulators
Controllers and regulators
Testing and quality control devices.
The mark was filed in class 10 with following description of goods:
Dental equipment
Surgical and wound treating equipment
Breathing apparatus for medical purposes
Filters for respiratory masks for medical purposes
Manometers for medical use
Nebulizers for respiration therapy
Portable nebulisers for medical purposes
Masks and equipment for artificial respiration
Medical and veterinary apparatus and instruments
Diagnostic, examination, and monitoring equipment
Testing apparatus for medical purposes
Inhalers
Inhalers for medical use
Nebulisers
Sphygmotensiometers
Electronic wrist sphygmomanometers
Nasal irrigators, electric
Electric esthetic massage apparatus for household purposes
Electric esthetic massage apparatus
Pulse oximeters
Nebulisers for medical purposes
None of the foregoing for use in the gynecology field or with gynecological applications.
The mark was filed in class 11 with following description of goods:
Humidifiers
Heating, ventilating, and air conditioning and purification equipment (ambient)
Air treatment equipment
Room humidifiers [apparatus].
The mark was filed in class 21 with following description of goods:
Toothbrushes
Toothbrushes, electric
Oral care kits comprising toothbrushes and floss
Water flossers
Heads for electric toothbrushes
Nebulizers for household use
Cosmetic, hygiene and beauty care utensils
Dental cleaning articles
Cosmetic apparatus for microdermabrasion
Periodontal irrigators [electric] for personal use.
The mark was filed in class 35 with following description of goods:
Retail services in relation to thermometers
Retail services in relation to infrared thermometers
Retail services in relation to measuring, detecting, monitoring and controlling devices
Retail services in relation to sensors, detectors and monitoring instruments
Retail services in relation to scientific research and laboratory apparatus, educational apparatus and simulators
Retail services in relation to controllers and regulators
Retail services in relation to testing and quality control devices
Retail services in relation to dental equipment
Retail services in relation to surgical and wound treating equipment
Retail services in relation to breathing apparatus for medical purposes
Retail services in relation to filters for respiratory masks for medical purposes
Retail services in relation to manometers for medical use
Retail services in relation to nebulizers for respiration therapy
Retail services in relation to portable nebulisers for medical purposes
Retail services in relation to masks and equipment for artificial respiration
Retail services in relation to medical and veterinary apparatus and instruments
Retail services in relation to diagnostic, examination, and monitoring equipment
Retail services in relation to testing apparatus for medical purposes
Retail services in relation to inhalers
Retail services in relation to inhalers for medical use
Retail services in relation to nebulisers
Retail services in relation to sphygmotensiometers
Retail services in relation to electronic wrist sphygmomanometers
Retail services in relation to nasal irrigators, electric
Retail services in relation to electric esthetic massage apparatus for household purposes
Retail services in relation to electric esthetic massage apparatus
Retail services in relation to pulse oximeters
Retail services in relation to nebulisers for medical purposes
Retail services in relation to humidifiers
Retail services in relation to heating, ventilating, and air conditioning and purification equipment (ambient)
Retail services in relation to air treatment equipment
Retail services in relation to room humidifiers [apparatus]
Retail services in relation to toothbrushes
Retail services in relation to toothbrushes, electric
Retail services in relation to oral care kits comprising toothbrushes and floss
Retail services in relation to water flossers
Retail services in relation to heads for electric toothbrushes
Retail services in relation to nebulizers for household use
Retail services in relation to cosmetic, hygiene and beauty care utensils
Retail services in relation to dental cleaning articles
Retail services in relation to cosmetic apparatus for microdermabrasion
Retail services in relation to periodontal irrigators [electric] for personal use
Wholesale services in relation to thermometers
Wholesale services in relation to infrared thermometers
Wholesale services in relation to measuring, detecting, monitoring and controlling devices
Wholesale services in relation to sensors, detectors and monitoring instruments
Wholesale services in relation to scientific research and laboratory apparatus, educational apparatus and simulators
Wholesale services in relation to controllers and regulators
Wholesale services in relation to testing and quality control devices
Wholesale services in relation to dental equipment
Wholesale services in relation to surgical and wound treating equipment
Wholesale services in relation to breathing apparatus for medical purposes
Wholesale services in relation to filters for respiratory masks for medical purposes
Wholesale services in relation to manometers for medical use
Wholesale services in relation to nebulizers for respiration therapy
Wholesale services in relation to portable nebulisers for medical purposes
Wholesale services in relation to masks and equipment for artificial respiration
Wholesale services in relation to medical and veterinary apparatus and instruments
Wholesale services in relation to diagnostic, examination, and monitoring equipment
Wholesale services in relation to testing apparatus for medical purposes
Wholesale services in relation to inhalers
Wholesale services in relation to inhalers for medical use
Wholesale services in relation to nebulisers
Wholesale services in relation to sphygmotensiometers
Wholesale services in relation to electronic wrist sphygmomanometers
Wholesale services in relation to nasal irrigators, electric
Wholesale services in relation to electric esthetic massage apparatus for household purposes
Wholesale services in relation to electric esthetic massage apparatus
Wholesale services in relation to pulse oximeters
Wholesale services in relation to nebulisers for medical purposes
Wholesale services in relation to humidifiers
Wholesale services in relation to heating, ventilating, and air conditioning and purification equipment (ambient)
Wholesale services in relation to air treatment equipment
Wholesale services in relation to room humidifiers [apparatus]
Wholesale services in relation to toothbrushes
Wholesale services in relation to toothbrushes, electric
Wholesale services in relation to oral care kits comprising toothbrushes and floss
Wholesale services in relation to water flossers
Wholesale services in relation to heads for electric toothbrushes
Wholesale services in relation to nebulizers for household use
Wholesale services in relation to cosmetic, hygiene and beauty care utensils
Wholesale services in relation to dental cleaning articles
Wholesale services in relation to cosmetic apparatus for microdermabrasion
Wholesale services in relation to periodontal irrigators [electric] for personal use
Online retail services in relation to thermometers
Online retail services in relation to infrared thermometers
Online retail services in relation to measuring, detecting, monitoring and controlling devices
Online retail services in relation to sensors, detectors and monitoring instruments
Online retail services in relation to scientific research and laboratory apparatus, educational apparatus and simulators
Online retail services in relation to controllers and regulators
Online retail services in relation to testing and quality control devices
Online retail services in relation to dental equipment
Online retail services in relation to surgical and wound treating equipment
Online retail services in relation to breathing apparatus for medical purposes
Online retail services in relation to filters for respiratory masks for medical purposes
Online retail services in relation to manometers for medical use
Online retail services in relation to nebulizers for respiration therapy
Online retail services in relation to portable nebulisers for medical purposes
Online retail services in relation to masks and equipment for artificial respiration
Online retail services in relation to medical and veterinary apparatus and instruments
Online retail services in relation to diagnostic, examination, and monitoring equipment
Online retail services in relation to testing apparatus for medical purposes
Online retail services in relation to inhalers
Online retail services in relation to inhalers for medical use
Online retail services in relation to nebulisers
Online retail services in relation to sphygmotensiometers
Online retail services in relation to electronic wrist sphygmomanometers
Online retail services in relation to nasal irrigators, electric
Online retail services in relation to electric esthetic massage apparatus for household purposes
Online retail services in relation to electric esthetic massage apparatus
Online retail services in relation to pulse oximeters
Online retail services in relation to nebulisers for medical purposes
Online retail services in relation to humidifiers
Online retail services in relation to heating, ventilating, and air conditioning and purification equipment (ambient)
Online retail services in relation to air treatment equipment
Online retail services in relation to room humidifiers [apparatus]
Online retail services in relation to toothbrushes
Online retail services in relation to toothbrushes, electric
Online retail services in relation to oral care kits comprising toothbrushes and floss
Online retail services in relation to water flossers
Online retail services in relation to heads for electric toothbrushes
Online retail services in relation to nebulizers for household use
Online retail services in relation to cosmetic, hygiene and beauty care utensils
Online retail services in relation to dental cleaning articles
Online retail services in relation to cosmetic apparatus for microdermabrasion
Online retail services in relation to periodontal irrigators [electric] for personal use.