The trademark Alea was filed by AssistMe GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 8, 2023, and received one opposition filed on January 30, 2024 by dm-drogerie markt GmbH + Co. KG on Likelihood of confusion. the opponent was represented by LBP Lemcke, Brommer & Partner Patentanwälte mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 30, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 6, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pants, absorbent, for incontinence
Diapers for incontinence
Nappy pants for incontinents
Disposable liners for incontinence diapers
Disposable diapers
Disposable napkins for incontinents
Disposable nappies made of cellulose for incontinents
Disposable training pants of cellulose for infants.
The mark was filed in class 9 with following description of goods:
Sensors for determining position
Sensors for monitoring physical movements
Internet of Things [IoT] sensors
Electric sensors
Electronic sensors
Biochip sensors
Digital sensors
Optical sensors
Humidity sensors
Level sensors
Gas sensors
Electrochemical gas sensors
Sensory software
Health monitoring software
Computer software for use in medical decision support systems
Artificial intelligence software for healthcare
Machine learning software for healthcare
Software as a medical device [SaMD], downloadable
Alarm sensors
Measuring sensors
All the above goods being related to healthcare and excluding goods relating to betting, casino, gaming and online gaming.
The mark was filed in class 42 with following description of goods:
Platforms for artificial intelligence as software as a service [SaaS]
Software as a service [SaaS] featuring software for deep learning
Software as a service [SaaS] featuring software for machine learning
Software as a service [SaaS]
All the above services being related to healthcare and excluding services relating betting, casino, gaming and online gaming.
The mark was filed in class 44 with following description of goods:
Medical screening
Medical testing services relating to the diagnosis and treatment of disease
Advisory services relating to medical problems
Providing medical information
Advisory services relating to medical services
Information services relating to health care
Services for the preparation of medical reports
Medical diagnostic services
Medical analysis for the diagnosis and treatment of persons
Remote monitoring of medical data for medical diagnosis and treatment
Telemedicine services
Medical analysis services relating to the treatment of patients
Medical analysis services relating to the treatment of persons
Medical care and analysis services relating to patient treatment
Residential medical treatment services
Preparation of reports relating to health care matters
Provision of health information
Preparation of reports relating to medical matters
Providing medical information in the field of dermatology
Providing medical information in the field of geriatrics
None of the aforesaid services in relation to the following fields: Cosmetology and Body care, Determination of skin type and diagnostics for skin and hair.