The trademark PowerBeat was filed by ViVest Medical Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 15, 2023, and received one opposition filed on October 24, 2023 by Zoll Medical Corporation on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 25, 2023.
Goods And Services
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Cases fitted for medical instruments
Apparatus for use in medical analysis
Diagnostic apparatus for medical purposes
Defibrillators
Ophthalmic instruments
Telemetry devices for medical applications
Galvanic therapeutic appliances
Heart rate monitoring apparatus
Wearable monitors used to measure biometric data for medical use.
The mark was filed in class 35 with following description of goods:
Business management and organization consultancy
Commercial administration of the licensing of the goods and services of others
Wholesale services in relation to medical instruments
Retail services in relation to medical instruments
Sales promotion for others
Procurement services for others [purchasing goods and services for other businesses]
Marketing
Provision of an on-line marketplace for buyers and sellers of goods and services
Presentation of goods on communication media, for retail purposes
Updating and maintenance of data in computer databases.