The trademark METICTOUCH was filed by Opharmic Technology (HK) Limited, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on October 15, 2023, and received one opposition filed on January 15, 2024 by Medisana GmbH on Likelihood of confusion. the opponent was represented by Ostriga Wirths und Vorwerk Patentanwälte PartGmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 15, 2024
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software and hardware for medical purposes
Electronic data management systems for use in the medical sector
Parts, fittings and accessories for the aforesaid goods
None of the aforesaid goods relating to blood glucose monitoring.
The mark was filed in class 10 with following description of goods:
Medical devices
Medical apparatus and instruments
Parts, fittings and accessories for the aforesaid goods
None of the aforesaid goods relating to blood glucose monitoring.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Wholesale services, retail services, online retail services and retail stores services relating to beauty products, cosmetics, food supplements, non-alcoholic beverages, dietary supplements, vitamin supplements, mineral supplements and collagen supplements
Marketing, advertising and promotional services
Distribution of promotional leaflets
Business management and consultancy services
Management and consultancy services provided to the operators of retail outlets
Sales management services
Market research and evaluation services
Managing databases in the fields of medicine and drug delivery
Information, advisory and consultancy services in relation to the aforesaid.
The mark was filed in class 37 with following description of goods:
Installation and repair of medical appliances
Machinery installation, maintenance and repair
Electric appliance installation and repair
Installation, maintenance and repair of computer hardware
Information, advisory and consultancy services in relation to the aforesaid.
The mark was filed in class 41 with Providing of training, education and tuition relating to use of medical devices and information, advisory and consultancy services in relation to the aforesaid..
The mark was filed in class 42 with following description of goods:
Computer programming in the medical sector
Computer services, namely providing applications and software in the fields of medicine and drug delivery
Computer services, namely providing, hosting, managing, developing and maintaining applications, software, websites, and databases in the fields of medicine and drug delivery
Development and design of computer hardware and software for the setup, programming, operation and control of electronic drug delivery systems
Maintenance of computer software
Medical research in the field of medical and surgical apparatus, appliances, instruments, therapies and drugs
Information, advisory and consultancy services in relation to the aforesaid.
The mark was filed in class 44 with following description of goods:
Consultation services in relation to the use of medical devices and associated hardware and software for managing delivery of medication and nutritional products to patients
Medical services
Medical equipment rental services
Health counselling
Provision of medical information
Providing websites and databases in the fields of medicine and drug delivery
Information, advisory and consultancy services in relation to the aforesaid
None of the aforesaid services relating to blood glucose monitoring.