The trademark ArthroSave was filed by ArthroSave Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 16, 2023, and received one opposition filed on February 8, 2024 by Karl, Christoph on Likelihood of confusion. the opponent was represented by Kindermann, Peter and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2024
It was designated 'Basic Application' for International Application 1813386 at the World Intellectual Property Organization (WIPO).
The application was filed in Dutch, and Dutch 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 September 18, 2023.
The application claimed as seniority of "BX" trademark 1310854 registered on September 6, 2015 and filed on May 20, 2015 which was accepted by the office.
Goods And Services
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Gynecology instruments and apparatus
Urological apparatus and instruments
Physiological measuring apparatus for medical use
Artificial organs and implants for orthopaedic surgery and treatments
Stents
Catheters
Therapeutic and assistive instruments adapted for the disabled
Massage apparatus
Apparatus, instruments and articles for caring for infants
Physical therapy equipment
Physiotherapy and rehabilitation equipment
Physical therapy equipment
Clothing especially for operating rooms
Osseous implants for orthopaedic surgery and treatments
Heart pacemakers
Implanted prosthesis
Mobility aids
Hearing protection devices
Furniture and beds adapted for medical use
Medical apparatus and instruments, for use in the following fields: Podiatry and footcare
Orthopaedic footwear.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Teaching, Coaching services, Training workshops, Seminars and lectures
Coaching [training]
Sporting competitions (arranging of- )
Providing of information relating to vocational guidance
Education and instruction in the transfer of knowledge, skills, or abilities
Publishing and Issuing, In connection with the following goods: books, Newspapers, MAGAZINE, Newsletters, Publication of press releases, Brochures, coursework, Reference materials, Information sheets, guides, Informative bulletin and Periodicals
Fitness clubs, fitness centres and studios
Sports instruction services
Gymnasium club services
Personal trainer services
Providing facilities for physical education, sports and games, yoga and fitness
Rental of sports equipment
Health club services [health and fitness training]
Providing recreation facilities
Lending library services
Film production
Rental of motion pictures
Organisation of performances
Presentation of music and amusement programmes, also via radio and television
Lending and distributing of books and periodicals
Arranging of exhibitions for cultural or educational purposes
Arranging and giving cultural and educational lectures
Interpreting and translation services
Organisation of trade fairs, congresses and exhibitions for educational purposes
Mindfulness, namely Coaching services
Information and consultancy relating to the aforesaid services
Allthe aforesaid services whether or not provided via electronic channels,including the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Research on the subject of pharmaceuticals
Design and development of computer hardware and software
Design and development of prostheses
Technical design relating to medical apparatus, instruments and installations
Scientific studies and investigations, including in the medical and medical-related fields
Medical and pharmacological research services
Medical laboratory services
Drawing up of expert reports by laboratory technicians
Biological research
Services of chemists and physicists
Medical research
Chemical analysis
Creation, Design, Programming services and Servicing, In connection with the following goods: web sites on the Internet
Design agency services, namely Product design and Design and restyling of products
Product design
Testing, analysis and assessment of the services of others for the purpose of certification [quality control]
Authentication
Quality checking, including the following services: Issuing of quality marks and value guarantees
Software as a service [SaaS]
Blockchain as a Service [BaaS]
Technological engineering analysis
Information and consultancy relating to the aforesaid services
The aforesaid services also via electronic channels, including the Internet.
The mark was filed in class 44 with following description of goods:
Medical and pharmaceutical services
Medical examinations
Human healthcare services
Dentistry
Home health care services
Analysis of human tissues for medical treatment
Consultancy and information services relating to medical products
Rental of apparatus and equipment for the healthcare of human beings and human hygiene
Physiotherapy
Hygienic and beauty care for human beings or animals
Animal healthcare services
Electro therapy services for physiotherapy
Providing physical rehabilitation facilities
Osteopathy
Behavioural modification
Services of a psychologist
Health counselling
Art therapy
Psychological consultancy, guidance and advice
Medical tests relating to the diagnosis and treatment of diseases
Consultancy services relating to personal behaviour
Nutritional advice
Provision of information relating to nutrition
Dietary and nutritional advice
Surgery
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.