The trademark PERCUTEC was filed by Andreas Fahl Medizintechnik- Vertrieb GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 17, 2023, and received one opposition filed on February 20, 2024 by PRIMED HALBERSTADT MEDIZINTECHNIK GMBH on Likelihood of confusion. the opponent was represented by Patent- und Rechtsanwaltskanzlei Bock Bieber Donath Partnerschaftsgesellschaft and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 20, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003212217 was refused according to Article 8(1)(b) EUTMR with decision issued on August 4, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Cleaning and care preparations for tracheostoma, (drain) tube cleaning powder
Stoma filter plasters
Skin protection cloths.
The mark was filed in class 10 with following description of goods:
Aids for tracheotomies, namely Tracheostomy tubes, including with cuff, adjustable cannula plate and/or screen, adapters for trachea cannulas, obturators, Insertion sleeves for obturators, Shunt valves, Stoma buttons and related accessories, Including artificial noses, Filter inserts, Tracheal compresses, Cannula support straps, Speaking valves, spacers, Stoma filters and related accessories
Applicators for inserting a shunt valve
Bridge plugs, for use in relation to the following goods: Shunt valves
Aerosol dispensers and inhalers for medical purposes and fittings therefor
Apparatus for medical purposes, namely Tracheostomy tubes or Trachea tubes, Fittings for tracheal cannulas, Especially For application relating to tracheotomies
Cannulae cleaning brushes
Cannula cleaning sponges
Puncture cannulas, guide wires and stretching apparatus for percutaneous dilation tracheotomies
Sets of aids for percutaneous dilation tracheotomies
Adhesives and adhesive discs for fastening tracheostomy valves