The trademark HEAL TECHNOLOGY was filed by Acandis GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 7, 2023, and received one opposition filed on May 24, 2023 by Biologische Heilmittel Heel GmbH on Likelihood of confusion. the opponent was represented by Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 24, 2023
The application was filed in German, and German 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:
Pharmaceuticals
Preparations and supplements for treatment and alleviation of symptoms and causes of neurological disorders, including neurological disorders affecting the central nervous system, the peripheral nervous system and the autonomic nervous system
Preparations and supplements for treatment and alleviation of symptoms and causes of brain injury, like stroke, trauma and global ischemia
Preparations and supplements for treatment and alleviation of symptoms and causes of neurodegenerative disorders
Preparations and supplements for treatment and alleviation of symptoms and causes of stroke, and dementia (e.g. Alzheimer's disease, Parkinson's disease, senile dementia, Huntington's disease)
Preparations and additives for neuroprotection (including against strokes)
Fibrin sealants
Fibrin scaffolds
Bio-functional coatings coating proteins and/or pharmaceutical substances, namely antithrombogenic and endothelialisation promoting coatings for stents and medical devices for the treatment of neurovascular diseases
Biological tissue for implantation
Implantable textile material to encourage the growth of tissue
Tissues for surgical use
Liquids for the treatment of neurological and neurovascular disorders, Liquid embolisates
All the aforesaid goods included in this class other than homeopathic goods.
The mark was filed in class 10 with following description of goods:
Surgical and medical apparatus, devices and instruments
Medical stents (surgical implants of synthetic materials)
Grafts (surgical implants made of artificial materials)
Flow diverters, namely Surgical implants comprised of artificial materials
Medical guidewires and medical filters, for use in the following fields: Radiology, Cardiology and Neurology, Especially, for use in the following fields: Treatment of strokes and neurovascular disorders
Surgical and medical instruments, namely retrievers and stents for use in the radiology, cardiology and neurology sectors, in particular for treating strokes and neurovascular disorders
Medical recanalisation devices, medical embolisation devices
Medical application systems for surgical and medical apparatus, devices and instruments (included in class 10), in particular catheters
Stimulation leads used with a neurostimulation system
Prosthetic tissues for vascular use
Medical electrodes for the simulation of nerve paths
Medical electrodes for the treatment of epilepsy and Alzheimer's disease.