004792677

Sanivita

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December 20, 2005

Trademark Summary

The trademark Sanivita was filed by Ludwig Bertram GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 25, 2007, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on September 25, 2007 by Böttger GmbH Pharmazeutische und Kosmetische Präparate on Likelihood of confusion. the opponent was represented by BRINKMANN & PARTNER Patentanwälte Partnerschaft mbB and its proceedings were handled in German The second opposition filed on September 21, 2007 by SeniVita GmbH & Co. KG on (a) Likelihood of confusion, (b) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by Cordt, Frauke and its proceedings were handled in German The third opposition filed on September 17, 2007 by AKCINE BENDROVE ,,SANITAS on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and its proceedings were handled in English

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2012.The first Cancellation was filed by SeniVita GmbH & Co. KG (represented by ???) on August 1, 2016 and Final decision on costs – Request withdrawn.

The renewal of the trademark was recorded by the office on December 23, 2015.

Appointment and Replacement of representative of the trademark registration was recorded on March 26, 2010. Change of name and professional address of the trademark registration was recorded on January 3, 2012. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on June 3, 2014. Change of name and address of the trademark registration was recorded on September 1, 2014. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on September 15, 2016.

The Appeal with reference B R0068/2010-4 was Opposition rejected according to Article 8 CTMR with decision issued on November 7, 2011 by the EUIPO. The Opposition with reference B 001200676 was partially refused EUTMA/IR according to Article 8(1)(a) CTMR with decision issued on December 10, 2008 by the EUIPO. The Opposition with reference B 001217183 was rejected according to Article 8(1)(b) CTMR with decision issued on November 25, 2009 by the EUIPO.

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Goods And Services

• The mark was filed in class 10 with following description of goods:
  
  1. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
  2. Medical apparatus
  3. Care articles for medical purposes, including for physical therapy and physical exercise, and for nursing and geriatric care, namely mattresses, cushions, pads, covers, position supports, lifting and standing aids, physical therapy equipment, walking and moving aids, dressing aids, urine bottles, body care apparatus in the form of massage apparatus
  4. Orthopaedic bandages, including suspensory bandages, orthopaedic clothing and shoes
  5. Hygienic articles of rubber and/or plastic
  6. Sphygmomanometers
  7. Hearing aids
  8. Furniture especially made for medical purposes, and for nursing and geriatric care
  9. Consumables for medical purposes, including for physical therapy and physical exercise, and for nursing and geriatric care, namely single-use articles, including pads, insulating containers.
• The mark was filed in class 11 with Care articles for medical purposes, including for physical therapy and physical exercise, and for nursing and geriatric care, namely bath tub seats and toilet seats, body care apparatus in the form of wash basins, cooking, refrigerating, heating (including heated cushions and heated blankets) and steam generating apparatus.
• The mark was filed in class 21 with Care articles for medical purposes, including for physical therapy and physical exercise, and for nursing and geriatric care, namely body care apparatus in the form of sponges, sponge holders, brushes, combs, toothbrushes and care articles for medical purposes, including for physical therapy and physical exercise, and for nursing and geriatric care, namely household and kitchen utensils (utensils and containers, not of precious metal, insulating containers), and tableware for nursing and geriatric care..