The trademark VISTAPOD was filed by ELA-INVEST S.àr.l., a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on October 16, 2023, and received one opposition filed on January 16, 2024 by DÜRR DENTAL SE on Likelihood of confusion. the opponent was represented by KNPZ Rechtsanwälte – Klawitter Neben Plath Zintler – Partnerschaftsgesellschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 16, 2024
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Orthopedic articles
Therapeutic and assistive devices adapted for the disabled
Massage apparatus
Apparatus, devices and articles for nursing infants
Orthopaedic soles
Orthopaedic detachable insoles
Soft insoles [orthopaedic]
Soles made of leather [orthopaedic]
Insole-shells [orthopaedic]
Orthopaedic inner soles incorporating arch supports
Insoles for corrective treatment of conditions of the feet
Insoles for corrective treatment of conditions of the lower limbs
Orthopaedic supports for feet
Supports for flat feet
Foot orthoses
Orthopedic apparatus for talipes
Orthopaedic foot cushions
Foot massagers
Foot bandages [supportive]
Apparatus and instruments used in foot surgery
Arch supports for footwear
Arch supports for orthopaedic shoes
Arch supports for orthopaedic boots
Orthopaedic splints
Orthopaedic hip prostheses
Orthopaedic footwear
Orthopaedic bandages
Orthopaedic strappings
Heel pads for orthopaedic use
Toe separators for orthopaedic purposes
Silicone orthopedic devices
Exercise boots [orthopaedic footwear].
The mark was filed in class 24 with following description of goods:
Textiles and substitutes for textiles
Linens
Curtains of textile or plastic
Materials (Textile -) for use in the manufacture of insoles
Materials (Textile -) for use in the manufacture of soles
Materials (Textile -) for use in the manufacture of footwear
Materials (Textile -) for use in the manufacture of linings for footwear
Textile materials for use in the manufacture of custom orthopaedic soles.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Inner soles
Intermediate soles
Shoe soles
Slipper soles
Soles for footwear
Shoe inserts for non-orthopedic purposes
Shoes soles for repair
Embossed heels of rubber or of plastic materials
Footwear [excluding orthopedic footwear]
Gaiter straps
Gaiter straps
Waterproof shoes
Rubbers [footwear]
Flat shoes
Walking shoes
Shoes with hook and pile fastening tapes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services in relation to footwear
Wholesale services in relation to footwear
Retail services in relation to orthopaedic footwear
Wholesale services in relation to orthopaedic footwear
Retail services in relation to orthopaedic soles
Wholesale services in relation to orthopaedic soles.
The mark was filed in class 44 with following description of goods:
Medical services
Fitting of orthopaedic devices
Hygienic and beauty care for human beings
Health advice and information services
Pharmacy advice
Provision of information relating to medicine
Medical screening
Medical assistance
Medical equipment rental
Medical services
Medical care
Issuing of medical reports
Professional consultancy relating to health
Medical information
Information relating to medical screening
All the aforesaid services relating exclusively to orthopaedics.