The trademark EMShape was filed by Guangzhou Niansheng Beauty Equipment Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on October 11, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on January 11, 2022 by Ferton Holding S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MÜLLER SCHUPFNER & PARTNER PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and its proceedings were handled in English
The second opposition filed on January 10, 2022 by BTL Industries on Likelihood of confusion. the opponent was represented by SCAN AVOCATS and its proceedings were handled in English
The third opposition filed on December 2, 2021 by I-Motion Group Global Iberíca SL on Likelihood of confusion. the opponent was represented by Donoso Romero, Jose Luis and its proceedings were handled in English
The fourth opposition filed on November 2, 2021 by MBS Medical-Beauty-Systeme GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SCHNICK & GARRELS and its proceedings were handled in German
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003162071 was refused according to Article 8(1)(b) EUTMR with decision issued on December 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 10 with following description of goods:
Electronic apparatus for medical purposes
Electronic stimulation apparatus for physiotherapy
Ultrasound apparatus for medical purposes
LED masks for therapeutic purposes
Medical skin enhancement apparatus using lasers
Electromedical instruments for firming treatments
Visible light treatment instruments
Lasers for medical use
Laser therapy helmets for treating alopecia
Body fat monitors
Instruments for massage
Electric scalp massagers for commercial use
Esthetic massage apparatus for industrial purposes