The trademark TERMAX was filed by ДИ ЕН ДЖИ МЕДИКАЛ ПРАДАКШЪН ООД, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on November 21, 2023, and received one opposition filed on January 23, 2024 by Gambro Lundia AB on Likelihood of confusion. the opponent was represented by POTTER CLARKSON AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 23, 2024
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations for inhalers
Inhalants
Anaesthetic preparations for inhalation
Diagnostic reagents for medical use
Plasters, materials for dressings
Medicated plasters
Adhesive tapes for medical purposes
Dressings, medical
Disinfectants
Disinfectants for medical use
Disinfectants for veterinary use
Disinfectants for hygiene purposes
Medicinal drinks
Pharmaceuticals
Veterinary preparations
Diagnostic preparations for veterinary purposes
Diagnostic preparations for medical purposes
Diagnostic agents for pharmaceutical use
Nutritional supplements
Feed supplements for veterinary use
Dietary and nutritional supplements
Hygienic preparations for veterinary use
Sanitary preparations for medical purposes
Sanitary preparations and articles
Chemical preparations for the diagnosis of diabetes
Pharmaceutical preparations for treating diabetes
Pharmaceutical preparations for the prevention of diabetes
In vitro diagnostic preparations for medical use
Reagents for in-vitro laboratory use [for medical purposes]
Reagents for in-vitro laboratory use [for veterinary purposes]
Dietary supplements and dietetic preparations
Diagnostic agents for medical use
Diagnostic preparations and materials
Medical preparations
Dietetic substances adapted for veterinary use
Dietetic preparations adapted for medical use
Medical diagnostic test strips
Test strips for measuring blood glucose levels
Pre-filled syringes for medical purposes
Pharmaceutical preparations for treating metabolic disorders
Pharmaceutical preparations for the prevention of diseases of the metabolic system
None of the abovementioned products being used in extracorporeal treatment or for the treatment of renal insufficiency.
The mark was filed in class 9 with following description of goods:
Thermometers
Downloadable smartphone software for heart rate monitoring
Laboratory apparatus and instruments.
The mark was filed in class 10 with following description of goods:
Clinical thermometers
Pulse measuring devices
Fetal pulse monitors
Cardiac pulse generators
Pulse meters
Medical pulse pressure transducers
Heart rate monitoring apparatus
Pulse rate monitors
Implantable cardiac pulse generators
Pulse oximeters
Electronic heart rate recorders [for medical use]
Electronic heart rate monitors [for medical use]
Digital electronic sphygmomanometers
Pulse meters for medical purposes
Inhalers
Inhalers for medical use
Hydrogen inhalers
Inhalers for therapeutic use
Inhalers for the evaporation of para-medical substances
Wall-mounted oxygen inhalers
Diagnostic testing instruments for use in immunoassay procedure [medical]
Cardio-pulmonary diagnostic instrumentation
Diagnostic instruments for ophthalmology
Immunochemical medical diagnostic test equipment for the detection and measurement of antibody levels of surgical, medical, dental and veterinary devices and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials, Surgical, medical, dental and veterinary apparatus and instruments, Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials, including the following products: Electronic sphygmomanometers, Electronic clinical thermometers, Electronic blood cell counters, autocell analysts, electric steam inhalers, Ultrasonic atomisers, Electrocardiographs, Electrically operated massagers, Electric pulse massagers, Urine monitors, Digital pedometers, ultrasonic cleaners, blood glucose monitors, flow cytometers, sphygmomanometers, hyperthermia treatment systems
Sphygmotensiometers
Automatic analyzers for medical diagnosis
Membrane test plates for use in medical diagnostics
Medical test kits for diabetes monitoring for home use
Apparatus for carrying-out diagnostic tests for medical purposes
Tools for medical diagnostics
Diagnostic, examination, and monitoring equipment
Diagnostic apparatus for medical purposes
Medical diagnostic apparatus for medical purposes
Apparatus for the diagnosis of cardiovascular diseases
Blood testing apparatus
Apparatus for blood analysis [for medical use]
Sphygmotensiometers
Electronic blood pressure meters [for medical use]
Blood pressure monitors
Electronic blood pressure monitors [for medical use]
Blood pressure testing apparatus
Electronic wrist sphygmomanometers
Electronic blood pressure recorders [for medical use]
Medication injectors
Cannulae
Tubing for use with cannulas
Lancets
Fleams
Medical instruments
Medical apparatus and instruments
Medical and veterinary apparatus and instruments
Veterinary apparatus and instruments
Injectors for medical purposes
Syringes in the nature of pens
Apparatus for use in the investigation of metabolic disorders
Medical therapy instruments
Needles for medical purposes
Glucometers
Blood glucose testing apparatus
Blood glucose monitoring apparatus
Medical apparatus for testing the level of glucose in the blood
Lab units for the transfer of liquids [for medical use]
Lab units for the mixing of liquids [for medical use]
Lab units for the dispensing of liquids [for medical use]
Lab units for the dilution of liquids [for medical use]
Lab units for the incubation of liquids [for medical use]
Apparatus and instruments, for use in the following fields: Measuring vital signs in humanitarian medicine
Electronic apparatus for measuring blood pressure
None of the abovementioned products being used in extracorporeal treatment or for the treatment of renal insufficiency.