The trademark BIO LAB the prototypers was filed by BIOLAB Technology AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on March 20, 2011, and received one opposition filed on June 20, 2011 by MOFIN S.r.l. on Likelihood of confusion. the opponent was represented by HOFFMANN · EITLE PATENT- UND RECHTSANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 20, 2011
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on November 19, 2021.
of the trademark registration was recorded on November 19, 2021. Change of name and professional address of the trademark registration was recorded on November 24, 2013.
Goods And Services
The mark was filed in class 9 with following description of goods:
Electric and electronic apparatus and instruments for measuring, inputting, storing, displaying, analysing, processing, generating and transmitting data and signals
Readers
Programming and testing equipment
Programs
All the aforesaid goods relating to medical equipment.
The mark was filed in class 10 with following description of goods:
Surgical and medical instruments and apparatus, other than for ophthalmological purposes
Medical apparatus for therapeutic purposes, other than for ophthalmological purposes
In particular electronic apparatus for the electrostimulation of tissue, nerves and brain cells, including external or implantable cardiac pacemakers, defibrillators, cardioverters, electrodes
Circulation relieving apparatus
Cardiological diagnostic apparatus
Catheters, in particular PTCA catheters
Medical guidewires
Medical apparatus and systems constructed therefrom for implanting stents (included in class 10)
Stents
Balloon dilation apparatus
Patient monitoring apparatus and medical measuring and regulating apparatus
Apparatus for use in medical analysis
Resuscitation apparatus
Artificial organs
Endoprostheses
Implants.
The mark was filed in class 38 with following description of goods:
Telecommunications
Remote data transmission from and to medical apparatus or apparatus for collating, forwarding, storing, editing or processing data from or to medical apparatus
Transmission, in particular wireless transmission, of signals to and from implants
Providing access to medical and technical data on patients and/or implants on the Internet and/or other data networks
Electronic message sending, in particular for messages relating to medical and technical data on patients and/or implants.
The mark was filed in class 42 with following description of goods:
Scientific, industrial and engineering research, development and consultancy
Scientific and technological services and research and design relating thereto
Research and development for new products for others
Research and development, consultancy and project analysis, in particular in the fields of technology, mechanical engineering, biotechnology, nanotechnology, information technology, communications technology and other computer-related technologies
Conducting of research and development in the field of medical equipment, apparatus and instruments
Research and development services relating to surgical and medical apparatus and instruments
All the aforesaid services not including chemical and microbiological analysis and checks for agriculture, the food industry, the dietetic and pharmaceutical industries.
The mark was filed in class 44 with following description of goods:
Medical services, namely telemonitoring and processing of data relating to body functions, in particular circulatory and cardiological data for the purpose of medical care and diagnostics
Supporting of medical and clinical studies
Supporting medical care by means of telemetry (including localisation) for patients and/or implants.