OPPOSITION No B 2 742 966

Dentaurum GmbH & Co. KG, Turnstr. 31, 75228 Ispringen, Germany  (opponent), represented by Hoeger, Stellrecht & Partner Patentanwälte Mbb, Uhlandstr. 14c, 70182 Stuttgart, Germany (professional representative)

a g a i n s t

Pierre-Jean Leoni, 9 rue Louis Blanc Résidence Samblancay, 75010 Paris, France  (applicant), represented by Benjamin Dewhurst, 175 boulevard Malesherbes, 75017 Paris, France  (professional representative).

On 16/06/2017, the Opposition Division takes the following

DECISION:

1.        Opposition No B 2 742 966 is rejected in its entirety.

2.        The opponent bears the costs, fixed at EUR 300.

REASONS:

The opponent filed an opposition against some of the goods and services of European Union trade mark application No 15 041 809, namely against all the goods and services in Classes 10, 44. The opposition is based on European Union trade mark registration No 13 135 074. The opponent invoked Article 8(1)(b) EUTMR.

LIKELIHOOD OF CONFUSION – ARTICLE 8(1)(b) EUTMR

A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs and the relevant public.

1. The goods and services

The goods on which the opposition is based are the following:

Class 9:         Computer software for controlling scanners for orthodontic models;

Computer software for archiving of data in relation to orthodontic models.

Class 10:         Scanners for three-dimensional capture of orthodontic models; And

parts, fittings and accessories for all the aforesaid goods.

The contested goods and services are the following:

Class 10:        Surgical staples; Needles for medical purposes; Suture needles; Acupuncture needles; Draw-sheets for sick beds/ Draw-sheets for sick beds; Nursing appliances; X-ray tubes for medical purposes; Blood testing apparatus; Analysers for medical use; Anaesthetic apparatus; Teething rings; Bandages for joints, anatomical; Bandages, elastic; Plaster bandages for orthopedic purposes/ Plaster bandages for orthopedic purposes; Galvanic belts for medical purposes; Elastic stockings for surgical purposes; Stockings for varices; Bed pans; Basins for medical purposes; Crutches; Feeding bottle receptacles; Injection syringes; Boots for medical purposes; Plugs (Ear -) [ear protection devices]/ Plugs (Ear -) [ear protection devices]/ Plugs (Ear -) [ear protection devices]; Bougies [surgery]; Stretchers, wheeled; Ambulance stretchers/ Ambulance stretchers; Hernia bandages/ Hernia bandages; Endoscopy cameras for medical purposes; Strait jackets; Quad canes for medical purposes; Cannulae; Catgut; Catheters; Abdominal belts; Hypogastric belts; Belts for medical purposes; Maternity belts; Belts for orthopaedic purposes; Umbilical belts; Belts, electric, for medical purposes; Commode chairs; Sterile sheets, surgical; Orthotic footwear; Surgical apparatus and instruments; Scissors for surgery; Compresses (Thermo-electric -) [surgery]; Compressors [surgical]; Droppers for medical purposes; Non-chemical contraceptives; Ear trumpets; Hearing aids; Abdominal corsets; Corn knives; Sores (Pads [pouches] for preventing pressure -) on patient bodies; Thermal packs for first aid purposes; Pads (Heating -), electric, for medical purposes; Cushions for medical purposes; Air cushions for medical purposes; Knives for surgical use/ Knives for surgical use/ Knives for surgical use; Surgical cutlery; Blankets, electric, for medical purposes; Incubators for medical purposes; Incubators for babies; Spittoons for medical purposes; Spoons for administering medicine; Tongue scrapers; Ear picks; Walking frames for disabled persons; Defibrillators; Dental equipment; Dental apparatus, electric; Dental prostheses; Artificial teeth; Invalids' hoists; Diagnostic apparatus for medical purposes; Dialyzers; Finger guards for medical purposes; Drainage tubes for medical use; Incontinence sheets; Surgical drapes; Slings [supporting bandages]; Surgical splints/ Surgical splints; Brushes for cleaning body cavities; Radiology screens for medical purposes; Electrocardiographs; Electrodes for medical use; Tips for crutches for invalids; Sponges (Surgical -); Temperature indicator labels for medical purposes; Traction apparatus for medical purposes; Dental examination chairs; Armchairs for medical or dental purposes; Feeding bottle valves; Thread, surgical; Medical guidewires; Filters for ultraviolet rays, for medical purposes; Dropper bottles for medical purposes; Forceps; Dental burs; Fumigation apparatus for medical purposes; Corsets for medical purposes; Gloves for medical purposes; Gloves for massage; Gastroscopes; Orthopaedic knee bandages; Hemocytometers; Surgical implants comprised of artificial materials; Inhalers; Injectors for medical purposes; Insufflators; Enema apparatus for medical purposes; Sex aids; Ultraviolet ray lamps for medical purposes; Lamps for medical purposes; Quartz lamps for medical purposes; Lancets; Lasers for medical purposes; Lenses [intraocular prostheses] for surgical implantation/ Lenses [intraocular prostheses] for surgical implantation; Hydrostatic beds for medical purposes; Beds, specially made for medical purposes; Artificial jaws; Cases fitted for medical instruments; Anaesthetic masks; Masks for use by medical personnel; Massage apparatus; Esthetic massage apparatus; Childbirth mattresses; Air mattresses, for medical purposes; Medical apparatus and instruments; Physical exercise apparatus, for medical purposes; Microdermabrasion apparatus; Mirrors for dentists; Mirrors for surgeons; Furniture especially made for medical purposes; Heart monitors; Cattle (Obstetric apparatus for -); Obstetric apparatus; Ophthalmometers; Opthalmoscopes; Soporific pillows for insomnia; Air pillows for medical purposes; Orthodontic apparatus; Orthopedic articles; Artificial skin for surgical purposes; Lice combs/ Lice combs; Abdominal pads; Pessaries; Physical therapy equipment; Balling guns; Pins for artificial teeth; Water bags for medical purposes; Douche bags; Pumps for medical purposes; Love dolls [sex dolls]; Condoms; Aerosol dispensers for medical purposes; Hearing protection devices; Protection devices against X-rays, for medical purposes; artificial limbs and prostheses; Hair prostheses; Radiological apparatus for medical purposes; Radiological apparatus for medical purposes; Radiotherapy apparatus; X-ray apparatus for medical purposes; X-rays (Apparatus and installations for the production of -), for medical purposes; Resuscitation apparatus; Receptacles for applying medicines; Containers especially made for medical waste; Rehabilitation apparatus (Body -) for medical purposes; Respirators for artificial respiration; Artificial respiration apparatus; Body cavities (Appliances for washing -); Ice bags for medical purposes; Scalpels; Saws for surgical purposes; Artificial breasts; Orthopedic soles; Hypodermic syringes; Uterine syringes; Vaginal syringes; Urethral syringes; Medical syringes; Probes for medical purposes; Urethral probes; Arch supports for footwear; Pulse meters/ Pulse meters; Sphygmomanometers/ Sphygmomanometers/ Sphygmomanometers; Spirometers [medical apparatus]; Stents; Stethoscopes; Cardiac stimulators; Dummies for babies/ Dummies for babies; Supports for flat feet; Suspensory bandages; Suture materials; Operating tables; Castrating pincers; Feeding bottle teats; Hot air therapeutic apparatus; Galvanic therapeutic appliances; Thermometers for medical purposes; Breast pumps; Tomographs for medical purposes; Apparatus for the treatment of deafness; Apparatus for acne treatment; Trocars; Cases fitted for use by surgeons and doctors; X-ray tubes for medical purposes; Urinals [vessels]; Urological apparatus and instruments; Sprayers for medical purposes/ Sprayers for medical purposes; Cupping glasses; Clothing especially for operating rooms; Compression garments; Veterinary apparatus and instruments; Hot air vibrators for medical purposes; Bed vibrators; Vibromassage apparatus; Artificial eyes; Prosthetics and artificial implants; Dental prostheses; Prosthetic parts for dentistry; Protective cups for teeth; Artificial teeth; Implants [prosthesis] for dental surgery; Implants [prosthesis] for use in dentistry; Implant materials [prosthesis] for use in dental surgery; Artificial jaws; Artificial parts for teeth; Dental prostheses in the form of inlays; Prostheses constructed in high strength porcelain affixed to the enamel structure; Prostheses constructed in high strength porcelain affixed to the dentine structure; Prostheses in the form of full crown restorations; Prostheses in the form of partial crown restorations; Denture parts; Artificial organs and implants; Hearing aids; Artificial cartilage; Artificial cartilage made from synthetic materials; Prosthetic socks for limbs; Hooks for spondylolysis; Artificial lenses for implantation in the eye; Hooks for limb replacement; Artificial bone materials of ceramics; Artificial hearts; Artificial heart-lung machines; Silicone prosthetic devices; Endoprostheses; Hip joint endoprostheses; Biocompatible coated stents; Implantable urethral stents; Ureteral stents being surgical support; Prosthesis joint sockets; Prosthetic sockets used to fasten prosthetic limbs to the body; Bone graft substitutes; Artificial vascular grafts; Grafts for surgical use; Implantable cardiac pulse generators; Leads for pacemakers; Leads for use with implantable cardiac stimulators; Artificial cranial components; Artificial facial components; Implants [prosthesis] for use in tendons; Implants [prosthesis] for ligaments; Implants [prosthesis] for use in jawbone surgery; Implants [prosthesis] for bone surgery; Implants [prosthesis] for use in facial surgery; Implants for osteosynthesis; Implants [prosthesis] for use in bone grafting; Osseous implants; Bone implants composed of artificial materials; Orthopedic joint implants; Silicone orthopedic implants; Artificial orthopaedic implants; Ocular implants; Medical implants made of artificial materials; Medical implants; Artificial breast implants; Intra-corneal implants; Breast implants; Intra-ocular implants; Hip implants; Implants consisting of artificial materials; Surgical implants comprised of artificial materials; Biodegradable bone fixation implants; Biodegradable implants; Artificial implants; Plates in the nature of orthopaedic surgical implants; Artificial skin for surgical purposes; Artificial skin; Artificial heart-lung oxygenators; Artificial bones for implantation; Artificial bones; Artificial internal organ apparatus; Implant models; Artificial skin replacing membranes; Implant materials [prosthesis] for use in surgery; Substitutes for tendons; Substitutes for ligaments; Substitutes for cartilage; Biological bone implant material; Artificial bone materials; Prosthetic suspension sleeves for limbs; Prosthetic sleeves for limbs; Surgical mesh comprised primarily of artificial materials; Prosthetic ligaments; Artificial ligaments; Intraocular lenses for surgical implantation; Intraocular lenses; Prosthetic implant instruments; Prosthetic hip joint implants; Silicone prosthetic implants; Heads for hip prostheses; Prosthetic tissues for parietal use; Lag screws in the nature of orthopaedic surgical implants; Prosthesis shafts; Bone substitutes for surgical use; Medical stents; Stents; Implantable pacemaking leads; Artificial breasts; Prosthetic stump shrinkers for limbs; Artificial kidneys; Prostheses for implantation into the jaw bone; Implantable urologic prostheses; Artificial parts for the body; Artificial bone parts to be implanted in natural bones; Bone prostheses; Orthopaedic femur prostheses; Lenses [intraocular prostheses] for surgical implantation; Knee prostheses; Artificial hip joints; Personal hip prosthesis; Biodegradable prostheses; Aural prostheses; Articular protheses; Silicone preparations for cosmetic implantation; Artificial eyes; Compressing screws in the nature of orthopaedic surgical implants; Subcutaneous valves for implantation; Subcutaneous valves comprised of artificial materials for implantation; Mechanical valves for implantation in human hearts; Artificial tympanic membranes; Prosthetic tissues for visceral use; Ear adaptors for hearing aids; Acoustic amplifiers [hearing aids] for partially deaf persons; Acoustic amplifiers for partially deaf persons; Digital hearing aids; Hearing apparatus for the deaf; Hearing aids for the deaf [acoustic aids]; Electronic hearing aids; Apparatus for use in alleviating hearing disorders; Ear trumpets; Ear inserts for medical use; Earmoulds being parts of hearing aids; Programmable hearing aids; Electrically operated hearing aids; Otological prosthetic appliances; Medical devices, namely, intravascular implants comprised of artificial material; Implanted prosthesis; Cochlea implants; Ocular implants made from artificial materials; Orthopaedic implants; Otological implants; Spinal implants composed of artificial material; Pessaries; Bone void fillers consisting of artificial materials; Artificial limbs; Hair prostheses; Transplant protheses for use in surgery; Voice simulating prostheses; Orthopaedic hip prostheses; Orthopedic joint implant prostheses; Otological prostheses; Prostheses for surgical treatment; Prostheses for medical treatment; Periurethral prostheses; Medical prostheses; Prosthetic tissues for vascular use; Artificial cardiac valves; Medical clothing; Therapeutic garments for people; Therapeutic garments for animals; Sterile clothing for surgical use; Clothing especially for operating rooms; Air inflatable garments for medical purposes; Protective visors for veterinary use; Protective visors for medical use; Protective visors for dental use; Protective visors for surgical use; Protective face masks for dental use; Protective nose masks for dental use; Protective nose masks for medical use; Protective nose masks for veterinary use; Protective masks for use by persons working in the dentistry; Protective masks for use by persons working in medicine; Sanitary masks for medical use; Face masks for medical use; Protective breathing masks made of non-woven materials for surgical applications; Protective breathing masks made of non-woven materials for medical applications; Protective breathing masks for artificial respiration; Protective breathing masks for surgical applications; Protective breathing masks for medical applications; Surgical breathing masks; Masks for use by medical personnel; Stoma protectors; Mastectomy brassieres; Surgical shoe covers; Surgical scrub suits; Electrically heated clothing for medical use; Compression garments; Post-operative pressure garments; Support garments for medical use; Protective clothing for surgical purposes; Protective clothing for medical purposes; Protective face masks for medical use; Protective masks for use by surgeons during operations; Face masks for medical use for toxic substance protection; Face masks for surgical use for toxic substance protection; Protective mouth masks for veterinary use; Protective mouth masks for medical use; Protective mouth masks for dental use; Face masks for medical use for anti bacterial protection; Face masks for surgical use for anti bacterial protection; High filter surgical masks; Surgical masks; Bio therapeutic facial masks; Stockinets for surgical support purposes; Protective gloves for veterinary use; Protective gloves for medical use; Gloves for medical examinations; Disposable gloves for veterinary use; Disposable gloves for surgical use; Latex gloves for veterinary use; Latex gloves for medical use; Latex gloves for dental use; Latex gloves for surgical use; Rubber gloves for medical use; Rubber gloves for surgical use; Protective gloves for use by persons working in the dentistry; Gloves for use during operations; Gloves for veterinary use; Gloves for use in hospitals; Gloves for medical purposes; Gloves for dental use; Protective gloves for use by persons working in medicine; Disposable protective gloves for medical purposes; Protective gloves for use by surgeons during operations; Latex examination gloves for medical use; Surgical gloves; Examination fingercots; Female urinary incontinence devices; Corsets for curative purposes; Abdominal corsets; Corsetry for surgical purposes; Pressurised suits for medical use; Medical support tights; Support panty hose for surgical use; Compression panty hose; Socks for diabetics; Support socks to prevent deep vein thrombosis; Compression socks for medical or therapeutic use; Socks (Electrically heated -) for medical purposes; Umbilical belts; Belts for medical purposes; Hypogastric belts; Maternity support belts for medical purposes; Maternity belts; Abdominal belts; Strait jackets; Boots for medical purposes; Protective bonnets for the hair for wear by veterinary practitioners; Protective bonnets for the hair for wear by medical practitioners; Surgical caps; Protective bonnets for the hair for wear by dental practitioners; Medical support hosiery; Medical hosiery; Therapeutic hosiery; Graduated compression hosiery; Medical gowns; Patient examination gowns; Gowns for surgical use; Stockings for therapeutic purposes; Stockings for prophylactic purposes; Medical stockings with decreasing compression; Flight socks; Medical compression tights; Medical compression stockings; Anus prolapse bands; Galvanic belts for medical purposes; Physical therapy equipment; Computer controlled training apparatus for therapeutic use; Weight training apparatus adapted for medical use; Physical exercise apparatus for therapeutic use; Computer controlled exercise apparatus for therapeutic use; Exercisers [expanders] for medical therapy; Electro-stimulation apparatus for use in therapeutic treatment; Lavage apparatus for therapeutic purposes; Deep heat massage apparatus; Apparatus for achieving physical fitness [for medical use]; Exercise simulating apparatus for medical purposes; Low frequency electric therapy apparatus; Apparatus for use in toning muscles for medical rehabilitation; Apparatus for use in exercising muscles for medical use; Physical exercise apparatus, for medical purposes; Medical apparatus for strengthening muscles of the pelvic floor; Apparatus for the therapeutic stimulation of the muscles; Apparatus for the therapeutic stimulation of the body; Apparatus for electrical muscle stimulation; Apparatus for the therapeutic toning of the muscles; Apparatus for the therapeutic toning of the body; Hot air therapeutic apparatus; Physical exercise articles for physical training [for medical purposes]; Ultrasonic aspirators for separating soft tissue parts; Transcutaneous electrical nerve stimulation electrodes; Hot air vibrators for medical purposes; Treadmills for medical use in physiotherapeutic exercise; Transcutaneous electrical nerve stimulators; Transcutaneous electrical muscle stimulators; Nerve muscle stimulators; Rowing machines for physical exercise [for medical use]; Infrared radiator units for therapeutic purposes; Weights for physical exercise [adapted for medical use]; Stair climbing machines for medical therapeutic use; Step-up machines for use in physiotherapy; Exercise machines for therapeutic purposes; Exercising apparatus for medical rehabilitative purposes; Respiratory therapy instruments; Chiropractic instruments; Electrotherapy instruments for slimming treatments; Hand exercisers for therapeutic use; Respiratory exercisers; Cushions (Heating -), electric, for medical purposes; Pads (Heating -), electric, for medical purposes; Electric warming pads for medical use; Belts, electric, for medical purposes; Parallel bars for medical therapeutic use; Asymmetrical bars for physical exercise [adapted for medical use]; Rehabilitation apparatus (Body -) for medical purposes; Physiotherapy and rehabilitation equipment; Massage apparatus; Vibromassage apparatus; Mats for effervescent bath massage; Foam massage rollers; Foot massagers; Massage beds for medical purposes; Manual massage instruments; Gum massaging instruments; Gloves for massage; Horsehair gloves for massage; Massage chairs with built-in massage apparatus; Massage chairs; Thermal massage pads; Electric massage apparatus for personal use; Therapeutic apparatus incorporating massaging facilities; Esthetic massage apparatus; Non-electric massage apparatus; Apparatus for acupressure therapy; Electric massage apparatus for household use; Massage apparatus, electric or non-electric; Massaging apparatus for personal use; Massage apparatus [for medical purposes]; Heat wrap massage apparatus; Body massagers; Medical furniture and bedding, equipment for moving patients; Orthopedic and mobility aids; Sex aids; Draw-sheets for sick beds; Apparatus for the turning of patients; Bed vibrators; Anaesthesia screens; Medical instrument cabinets; Invalid lifts; Stretchers [for patient transport]; Stretchers, wheeled; Birthing chairs; Commode chairs; Chairs especially made for medical use; Sterile sheets, surgical; Surgical examination drapes; Hospital gurneys; Nurses' trolleys adapted to contain drugs for dispensing to patients; Ambulance stretchers; Patient stretchers; Medical stretchers; Contoured inflated pads for patients; Pressure relief pads and cushions; Sores (Pads [pouches] for preventing pressure -) on patient bodies; Air cushions for medical purposes; Cushions for medical purposes; Cushions for medical use, adapted to support the face; Cushions for medical use for supporting infants while being bathed; Tables specially made for medical examination; Tables for radiology; Tables for use in the treatment of patients; Medical instrument tables; Hospital examination tables; Medical procedure tables; Operating tables; Medical tables for examination or treatment purposes; Patient examination tables; Obstetric tables; Armboards [surgical splints]; Bases for waterbeds [adapted for medical use]; Protective structures against radiation [for medical use]; Bed bases for beds especially made for medical purposes; Patient safety restraints; Retaining belts for restraining patients on stretchers; Incontinence mattress protectors; Assist poles for lifting patients; Medical instrument stands; Patient positioning tools; Pillows for therapeutic use; Water pillows for medical purposes; Air pillows for infants [medical purposes]; Air pillows for medical purposes; Pillows (Soporific -) filled with down; Soporific pillows for insomnia; Cervical pillows for medical use; Furniture for endoscopic examination purposes; Furniture especially made for dental use; Furniture especially made for surgical use; Furniture especially made for medical purposes; Furniture adapted for medical treatment purposes; Mattresses for medical use; Childbirth mattresses; Mattresses for hospital patient trolleys; Low air loss sectional pneumatic therapeutic mattresses; Inflatable mattresses for orthopaedic purposes; Support mattresses for medical use; Support mattresses for preventing pressure sores; Slings for patient lifting hoists; Anti-pressure sore mattresses; Alternating pressure mattresses for medical use; Air mattresses, for medical purposes; Air mattresses for infants [for medical purposes]; Baths (Hoists for assisting invalids out of -); Baths (Hoists for assisting invalids entry into -); Beds for surgical use; Beds specially made for use by burn patients; Obstetric beds; Hydrostatic beds for medical purposes; Hybrid beds being soft sided waterbeds [for medical use]; Patient litters in the nature of stretchers; Hospital beds for use by burn patients; Beds, specially made for medical purposes; Heat beds for medical treatment; Armchairs especially made for medical purposes; Armchairs especially made for dental purposes; Armchairs especially made for surgical purposes; Hospital examination chairs; Medical patient treatment chairs; Medical procedure chairs; Dental examination chairs; Examination chairs specially made for medical use; Examination chairs specially made for dental use; Protective screens for protection whilst exposed to x-rays [medical use]; Sheets [drapes] for medical use; Sterilised sheets for use on patients during surgery; Incontinence sheets for use with infants; Incontinence sheets for use with babies; Incontinence sheets; Medical examination sheets; Operating theatre sheets; Anaesthetic drapes; Sheets made of rubber for incontinence; Surgical drapes; Adhesive drapes for surgical use; Examination couches specially made for medical use; Examination couches specially made for dental use; Invalids' hoists; Cushioning devices for medical use; Electric blankets [bed] for medical use; Blankets for medical purposes; Medical blankets for the warming of patients; Medical blankets for the cooling of patients; Blankets, electric, for medical purposes; Cushions for medical use for supporting infants being examined; Padded cushions for medical purposes; Contoured cushions for patients' use on beds [adapted for medical purposes]; Contoured cushions for patients' use on chairs [adapted for medical purposes]; Orthopaedic healing aids; Walking frames; Walking aids [for medical purposes]; Vertebral orthopedic apparatus; Orthopaedic hosiery; Orthopedic articles; Spine seats [medical apparatus]; Braces for joint fixation; Orthopaedic splints; Finger splints; Braces for application to the human body; Orthopedic support bandages; Orthopaedic strappings; Bandages for joints, anatomical; Plaster bandages for orthopedic purposes; Bandages for joints; Tubular bandages [supportive]; Tubular elastic bandages for supporting joints; Tubular elastic bandages for supporting limbs; Bandages, elastic; Triangular bandages [supportive]; Suspensory bandages for joints; Orthopaedic bandages; Crutches; Quad canes for medical purposes; Callipers [splints]; Slings [supporting bandages]; Corsets for medical purposes; Tips for crutches for invalids; Walking frames for disabled persons; Invalid walkers; Wheeled trolleys adapted for use as walking aids; Orthopaedic sheets adapted for use during orthopaedic operations; Silicone orthopedic devices; Medical supports for the body; Orthopedic fixation devices; Pads for seats for wheelchairs [for medical use]; Orthopaedic foot cushions; Orthopedic cushions; Toe relief pads [orthopaedic]; Crutch cushion covers; Pads for slippers [orthopaedic]; Arch cushions [orthopaedic]; Pads for shoes [orthopaedic]; Corsets for therapeutic use; Exercise boots [orthopaedic footwear]; Orthotic footwear; Exercise boots for medical rehabilitative purposes; Belts for orthopaedic purposes; Lumbar belts; Soles made of leather [orthopaedic]; Orthopaedic detachable insoles; Orthopedic soles; Insoles for corrective treatment of conditions of the feet; Orthopaedic inner soles incorporating arch supports; Shoe insoles for orthopedic use; Insoles for corrective treatment of conditions of the lower limbs; Wheels for pets [mobility aids]; Padding for orthopedic casts; Toe regulators [orthopaedic]; Knee guards in the nature of supports [other than sports articles]; Spine plates [medical apparatus]; Orthotic inserts for footwear; Foot orthoses; Orthoses; Pillows for orthopedic use; Templates for orthopedic purposes; Medical braces; Splinting materials for medical use; Orthopaedic instruments; Toe inserts for footwear [orthopaedic]; Crutch handle covers; Knee supports for medical use; Knee bandages [supportive]; Orthopaedic knee bandages; Lag screws in the nature of orthopaedic surgical instruments; Heel pads for orthopaedic use; Toe separators [orthopaedic]; Arch supports for orthopaedic shoes; Arch supports for orthopaedic boots; Supports for flat feet; Toe props [orthopaedic]; Medical knee braces; Medical elbow braces; Medical ankle braces; Arch supports for flat feet; Arch supports [orthopaedic]; Orthopaedic supports for heels; Orthopaedic supports for feet; Orthopaedic compression supports; Orthopaedic braces; Back supports for medical purposes; Ankle supports for medical use; Arch supports for footwear; Soft insoles [orthopaedic]; Insole-shells [orthopaedic]; Vibrators, being adult sexual aids; Artificial vaginas, being adult sexual aids; Artificial penises, being adult sexual aids; Artificial penises [adult sexual stimulation aids]; Love dolls [sex dolls]; Anal plugs; Benwa balls, being adult sexual aids; Electrically operated massagers; Penis enlargers, being adult sexual aids; Adult sexual aids; Hearing protection devices; Plugs (Ear -) [ear protection devices]; Ear plugs for protection against noise; Ear plugs for medical purposes; Ear plugs for sleeping; Sound excluding instruments for medical use; Noise protection means in the form of deformable ear plugs; Feeding aids and pacifiers; Teething rings; Pacifier clips; Feeding bottle receptacles; Feeding bottle receptacles; Intravenous feeding bottles; Breast milk storage bottles; Breast shields; Non-spill medicine spoons for infants; Feeding bottle valves; Teething rings incorporating baby rattles; Covers for baby feeding bottles; Dummies for babies; Teething soothers; Dissecting tables; Breast pumps; Breast pumps for use by nursing mothers; Intravenous feeding tubes; Feeding bottle teats; Paediatric pacifiers; Disposable teats; Neonatal pacifiers; Medical and veterinary apparatus and instruments; Pressure garments for medical treatment; Glasses for administering medicine; Cupping glasses for moxibustion therapy; Cupping glasses; Power operated sprayers for medical purposes; Sprayers for medical purposes; Valves for the treatment of hydrocephalus; Clinical thermometers; Cases fitted for medical instruments; Cases fitted for use by surgeons and doctors; Capillary drainage tubes; Capillary tubes for delivering reagents; Capillary tubes for blood; Capillary tubes for samples; Aspiration tubing; Capillary reagent tubes; Pipes for surgical applications; Pipes for medical applications; Pipes for veterinary applications; Hose systems for peritoneal dialysis; Blood collecting tubules; Blood collection tubes for surgical use; Blood collection tubes for medical use; Blood centrifuging tubules [for medical use]; Medical tubing; Medical tubing for administering drugs; Medical tubing for irrigation purposes; Medical tubing for use in vascular procedures; Medical cooling units to control body wound temperatures; Urinals [vessels]; Urinals for medical purposes [vessels]; Valves for use in medical infusion instruments; Feeding cups [for medical purposes]; Suspensory bandages for use in sports; Suspensory bandages for use in athletics; Suspensory bandages; Elasticated supports for the knee; Elasticated supports for the wrist; Elasticated supports for the elbow; Elasticated supports for the ankle; Alternating pressure supports for medical use; Medical Ice bag holders; Suction bag holders for medical use; Pelvic rests; Wrist braces for medical use; Shoulder supports for medical use; Electronic stimulator for medical use; Electronic muscle stimulators for medical use; Brain pacemakers; Implantable pacemakers; Cardiac stimulators; Vaginal speculums; Spatulas for medical use; Light sources for medical use; Sources of electromagnetic fields for use in medical treatment; Sources of ultrasonic fields for use in medical treatment; Sources of magnetic fields for use in medical treatment; Inadvertent peep reducers being parts of medical ventilators for maintaining pressure; Solaria for medical purposes; Percutaneous insertion trays; Syringes in the nature of pens; Medical syringes; Disposable syringes; Hypodermic syringes for injections for medical purposes; Disposable hypodermic syringes for medical use; Hypodermic syringes for use in administering injection substances; Hypodermic syringes; Enema syringes; Inflation syringes for medical or surgical use; Facial saunas for medical use; Retentive belts for use by colostomy patients; Retentive belts for use by ileostomy patients; Retention belts; Belts for attaching medical monitors to patients; Bags for medical use in storing urine samples; Bags for medical use in collecting urine samples; Bags [fitted] for medical instruments; Bags [fitted] for use by surgeons; Bags for endoscopic retrieval of tissue; Medical bags designed to hold medical instruments; Bags [fitted] for use by doctors; Suction bags for medical use; Bags for surgical use in collecting urine; Ice bags for medical purposes; Ice bag pillows for medical purposes; Ice packs for the treatment of injuries; Vessels for histological purposes; Containers especially made for medical waste; Containers especially adapted for the disposal of syringes; Containers especially adapted for the disposal of medical instruments, syringes and other contaminated medical waste; Medical specimen cups; Receptacles for applying medicines; Fluid collection containers for medical use; Heat dispensing containers for relieving pain in the ear; Heat dispensing containers for relieving pressure on the ear; Heat dispensing containers for relieving muscle pain; Warmers for medical use; Resuscitators; Respirators for artificial respiration; Powered respirators for artificial respiration; Shaped padding for supporting parts of the body [medical use]; Ultraviolet radiator units for therapeutic purposes; Medical screw connections; Sprayers [hand-operated] for medical use; Mouth guards for medical purposes; Nipple shields for personal use; Shields for medical instruments; Push syringes for medical use; Specimen cup holders; Pumps for veterinary use; Pumps for medical use in the extraction of liquids; Pumps for medical use in the extraction of vapour; Pumps for medical use in the extraction of gases; Pumps for medical use in dispensing pharmaceuticals from containers; Pumps for use in liquid chromatography [medical]; Pumps for medical use in delivering pharmaceuticals from containers; Medical infusion pumps; Infusion pumps to deliver medication; Metering pumps for delivering drugs in measured quantities [medical use]; Laser pointers for medical use; Wound drainage pouches; Bags for collecting body fluids; Bags for collecting body waste; Post-operative ileostomy bags; Post-operative enterostomy bags; Douche bags; Post-operative colostomy bags; Medical drainage bags for collection of biliary; Medical drainage bags for collection of abscess; Medical drainage bags for collection of nephrostomy; Intravenous bags for medical purposes; Intravenous bags for surgical purposes; Eye baths; Water bags for medical purposes; Fecal pouches; Ostomy bags; Urinary drainage bags; Isolation bags for medical use; Urine bags; Irrigation pouches for medical use; Plaster for medical or surgical purposes; Medical trays; Trays for holding veterinary instruments; Trays for holding medical instruments; Trays for holding surgical instruments; Dropping pipettes for medical purposes; Nurses' tweezers; Nail pinches for medical use; Lice combs; Straws for veterinary use; Medical hand tools; Laser machining tools for medical use; Pads for inhibiting snoring; Nebulizers for medical use; Nebulizers for respiration therapy; Portable nebulisers for medical purposes; Electronic nerve stimulators for medical use; Nebulisers; Mittens for medical use; Body-fat monitors; Elastomeric material for medical use; Suction drainage sets for medical use; Materials for bandaging [elasticated]; Materials for bandaging [suspensory]; Radiation shielding textiles for use in the therapeutic treatment of animals; Radiation shielding textiles for use in therapeutic treatment; Oxygen masks for medical use; Cardiopulmonary resuscitation masks; Lasers for veterinary purposes; Lasers for ophthalmic purposes; Lasers for medical purposes; Lasers capable of producing pulsating laser beams [for medical use]; Lasers incorporating optical fibres for medical use; Blood lancets; Fleams; Disposable lancets for finger puncture; Lancets; Sun lamps for medical purposes; Lamps for producing polarised light for medical use; Lamps for use with medical instruments; Medical operating lamps; Surgical headlamps; Mercury arc lamp units for therapeutic purposes; Lamps for medical purposes; Ultraviolet ray lamps for medical purposes; Quartz lamps for medical purposes; Infrared lamps for medical purposes; Infrared lamps for curative purposes; Carbon arc lamp units for therapeutic purposes; Lamps for medical [curative] purposes; Enema apparatus for medical purposes; Heat lamps for medical use; Co2 insufflators for urological therapy; Insufflators; Urological instruments; Therapeutic instruments for ophthalmology; Instruments for extracting human body fluids; Autologous blood processing instruments; Pharmaceutical instruments; Ophthalmological instruments; Veterinary obstetric aids for use in the birth of live animals; Non-electric acupuncture instruments; Medical instruments incorporating lasers; Medical instruments for application in human bodies; Medical therapy instruments; Medical instruments for use in relation to hearing; Medical instruments for interstitial thermotherapy of biological tissue; Electronic acupuncture instruments; Electromedical instruments for firming treatments; Electromedical instruments for slimming treatments; Electric acupuncture instruments; Medical instruments for application on animal bodies; Medical instruments for use as aids to hearing; Laser instruments for medical use; Visible light treatment instruments; Laser light treatment instruments for medical use; High risk delivery resuscitation instruments; Pipetting instruments for medical use; Pipetting instruments for surgical use; Ultrasonic cleaning instruments for veterinary use; Ultrasonic cleaning instruments for medical use; Ultrasonic cleaning instruments for surgical use; High frequency cutting instruments for medical purposes; High frequency coagulation instruments for medical purposes; Castrating apparatus [for veterinary purposes]; Injection instruments without needles; Hypothermia analysis instruments; Intravenous administration instruments for medical purposes; Acupuncture instruments [electric or non-electric]; Acupuncture instruments; Automated blood collection instruments; Automated blood separation instruments; Medical instruments; Laser beam delivery instruments for medical use; Laser installations for medical use; Inserts for the nose; Inserts for breathing masks for medical use; Inserts for breathing masks for surgical use; Inoculating apparatus; Injectors for medical purposes; Inhalers for therapeutic use; Inhalers for medical purposes [sold empty]; Inhalers for medical use; Inhalers for the evaporation of para-medical substances; Inhalers for the evaporation of aromatherapeutical substances; Anaesthetic inhalers [sold empty]; Oxygen inhalers for medical purposes sold empty; Oxygen inhalers for medical use; Inhalers; Humidifiers for use in medical treatment; Humidifiers for use with respiratory therapy apparatus; Electric heating covers for medical use; High frequency generators for use in medical treatment; Magnetic field generators for medical use; Ozone generators for use in administering ozone therapy; Dropper bottles for medical purposes; Dropper bottles for administering medication; Penile sheaths; Stirrups for use with medical examination tables; Surgical apparatus and instruments for veterinary use; Artificial sponges for medical purposes; Medical portable epilators; Electrophysiology electrodes; Electrodes for picking up electrophysiological parameters; Electrodes for picking up biological parameters; Cardioversion and/or defibrillator leads; Non-selective electrodes being chemically sensitive probes [for medical use]; Electrodes for medical use made from glass; Implantable leads for cardiac pacing; Cardiac defibrillation electrodes; Power filters for medical use; Blood filters for extracorporeal use; Blood filters; Filters for blood and blood components; Light filters for medical use; Heat exchange anti-viral filters for medical use; Heat exchange anti-bacterial filters for medical use; Cardiovascular guidewires; Medical guidewires and parts and fittings therefor; Cerclage wires; Armchairs for medical or dental purposes; Surgical drill bits; Electrodes for use with medical apparatus; Electrodes for medical use; Electrocardiographs for veterinary use; Transparent face shields for use by medical personnel; Slings for medical use; Slings for supporting injured limbs; Specimen samplers for medical use; Moisture exchangers for medical use in transferring the heat of exhaled breath to inhaled breath; Operating field boundary cloths; Medical drapes of non-woven textile materials; Drainage tubes for medical use; Nasal douches; Portable urination aids for women; Medical devices for dosimetry purposes in the field of radiotherapy; Medical cooling units with body contact applicators to control body wound temperatures; Medical cooling units with body contact applicators; Medical heating units with body contact applicators to control body wound temperatures; Medical heating units with body contact applicators; Medical heating units to control body wound temperatures; Implantable subcutaneous drug delivery devices; Telemetry devices for medical applications; Tractions [medical apparatus]; Body warming devices for medical use; External fixators [splints]; Body mass index (BMI) measuring devices for medical use; Carbon dioxide detectors for medical use; Implantable defibrillators; Defibrillators; Dermabraders; Injection device for pharmaceuticals; Incubation units; Anastomosis devices; Medical aids for use in stoma care; Medical skin abraders; Gynecological dilators; Vaginal dilators; Uterine dilators; Urethral dilators; Rectal dilators; Nasal dilators; Medical vessel dilators; Cervical dilators; Dialysis machines for medical use; Dialyzers; Shoulder cups for medical use; Spoons for administering medicine; Measuring spoons for administering medicine; Spittoons for medical purposes; Incubators for babies; Incubators for medical purposes; Tape cutters for medical purposes; Alternating pressure pads for medical use; Cushions [pads] (heating -), for medical purposes; Heating cushions [pads], non-electric for medical purposes; Cushions (Heating -), non-electric for medical purposes; Chemically activated heating pads for medical purposes; Thermal packs for first aid purposes; Heat pads for therapeutic treatment; Menstrual cups; Cups for dispensing medicine; Tennis elbow supports; Elbow guard for epicondylitis; Non-chemical contraceptives; Containers for transporting samples containing living human cells; Oxygen concentrators for medical applications; Droppers for medical purposes; Eye droppers; Droppers for administering medication, sold empty; Eye droppers for medical use; Thermo-electric compresses; Eye pads for surgical use; Cold packs for medical purposes; Chemically activated cold compresses for medical use; Chemically activated cold gel packs for medical use; Chemically activated hot gel packs for medical use; Compresses for supporting the body; Pads for medical use in applying a fluid to the skin; Chemically activated hot compresses for medical use; Abdominal pads for medical use; Abdominal pads; Immunoadsorption columns for therapeutic use; Cervical collars; Elizabethan collars for veterinary use; Intramedullary nails; Centro-medullary nails; Pelvic clamps; Electric foot warmers for medical use; Medical pressure chambers; Hyperbaric oxygen chambers for medical purposes; Abdominal belts [for medical purposes]; Cardiovascular catheters; Cannulae for anaesthetics with receptacles; Eye shields for medical use; Eye shields for surgical use; Hernia bandages; Boxes adapted for medical waste products; Suction bottles for medical use; Medicinal bottle stoppers; Diaphyseal plugs; Injection syringes; Basins for medical purposes; Bed pans; Elastic stockings [for medical purposes]; Elastic stockings for surgical purposes; Stockings for varices; Synthetic bandages [supportive]; Elasticated bandages for supportive use; Bandages [supportive] for veterinary use; Bandages [supportive] for surgical purposes; Therapeutic support bandages; Foot bandages [supportive]; Polyurethane foam bandage [supportive]; Elastic compression bandages for medical purposes; Compression bandages [elastic or supportive]; Elastic compression bandages for surgical purposes; Pressure bandages for anatomical support purposes; Adhesive bandages (Suspensory -); Elasticated bandages incorporating copper; Elasticated bandages incorporating copper compounds; Synthetic padding bandages [supportive]; Non-elastic bandages [supportive]; Bandages for supporting the human body; Support bandages for medical purposes; Splinting bandages for preparing casts; Splinting bandages for preparing splints; Bandages for orthopaedic purposes; Supportive anatomical bandages; Autoclaves for medical use; Casting splints; Splinting (Supportive -) for medical use; Nasal aspirators; Applicators in the nature of sponges [for medical use]; Mucus extractors; Applicators for pharmaceutical preparations; Applicators for antibacterial preparations; Applicators for medications; Applicators for antiseptic preparations; Bandage applicators; Static electric therapy apparatus; Galvanic therapeutic appliances; Apparatus for taking body fluid samples; Apparatus for use by ileostomy patients; Apparatus for use by colostomy patients; Apparatus for the thermal treatment of cancer; Apparatus for the treatment of breathing difficulties; Apparatus for treating acne; Apparatus for the treatment of lymphoedema; Apparatus for the treatment of deafness; Apparatus for the treatment of cellulite; Apparatus for the treatment of pressure sores; Apparatus for the treatment of lung ailments; Apparatus for the treatment of lung diseases; Apparatus for the treatment of disease of the prostate; Apparatus for the treatment of leg ulcers; Apparatus for the treatment of cancer; Apparatus for the alleviation of breathing difficulties; Apparatus for the alleviation of lung ailments; Apparatus for tumour diagnosis; Apparatus for use in the control of incontinence; Apparatus for the electrical stimulation of groups of muscles; Apparatus for the stimulation of acupuncture points; Apparatus for medical rehabilitation; Autologous blood recovery apparatus; Artificial respiration apparatus; Apparatus for use in the prevention of snoring; Apparatus for the prevention of leg ulcers; Apparatus for the prevention of pressure sores; Apparatus for producing oxygen for medical use; Apparatus for destroying hypodermic needles [specifically adapted for medical use]; Apparatus for the application of laser radiation for medical purposes; Apparatus for the application of laser radiation for surgical purposes; Apparatus for the application of laser radiation for dental purposes; Nursing appliances; Apparatus for administering intravenous solutions; Apparatus for administering drugs by inhalation; Apparatus for administering pharmaceuticals; Apparatus for drug administration; Fumigation apparatus for medical purposes; Apparatus for cardiac defibrillation; Autotransfusion devices; Apparatus for enteral feeding; Physiological apparatus for medical use; Cattle (Obstetric apparatus for -); Obstetric apparatus; Medical apparatus for the relief of pain; Medical apparatus for hyperhidrosis treatment; Medical apparatus for renal dialysis; Medical apparatus for introducing pharmaceutical preparations into the human body; Medical apparatus for training breathing techniques; Medical apparatus for facilitating the inhalation of pharmaceutical preparations; Apparatus (Medical -) for extracting oxygen from the atmosphere; Patient monitoring sensors and alarms; Medical apparatus for neurographic purposes; Medical apparatus for diagnosing suspected heart attacks; Medical angular deformity correction apparatus; Medical apparatus for controlling pulmonary gas exchange parameters; Medical apparatus for assisting breathing; Medical skin enhancement apparatus using lasers; Automatic medical apparatus for dosing humans by injection; Automatic medical apparatus for dosing animals by injection; High frequency electromagnetic therapy apparatus; Gas laser apparatus for medical treatment; Air inflatable limb compression apparatus; Veterinary apparatus and instruments; Apparatus and instruments used in foot surgery; Urological apparatus and instruments; Medical devices for moxibustion therapy; Medical apparatus and instruments relating to neurovegetative reactivity; Medical apparatus and instruments; Aerosol dispensers for medical purposes; Apparatus for use in assessing periodontal disease; Apparatus for use in the investigation of metabolic disorders; Apparatus for use in treating hearing disorders; Blood transfusion apparatus; Heat treatment apparatus; Traction apparatus for medical purposes; Ultrasonic therapy apparatus; Heat therapy instruments; Thermotherapy apparatus for medical purposes; Artificial sleep apparatus; Resuscitation apparatus; Radiotherapy apparatus; Apparatus for taking blood; Apparatus for producing ultrasonic waves for medical application; Infusion apparatus for therapeutic purposes; Apparatus for veterinary purposes; Body cavities (Appliances for washing -); Medical radiation apparatus; Infrared apparatus for medical purposes; Infrared apparatus for curative purposes; Moxibustion apparatus; Enema apparatus; Apparatus for use in medicine in the drainage of wounds; Apparatus for use in medicine in the drainage of incisions; Apparatus for use in surgery in the drainage of wounds; Apparatus for use in surgery in the drainage of incisions; Electrophoresis apparatus; Apparatus for medical cell sampling; Arthroscopy irrigation instruments; Apparatus for the artificial insemination of animals; Hypodermic injection apparatus; Apparatus for radionuclide imaging; Hemodialysis apparatus; Water therapy apparatus for medical use; Humidifying apparatus for medical use; Suction apparatus for medical use; Apparatus for use in angiography; Artificial anaesthetization apparatus; Speech aid [therapy] apparatus; Automatic vaccination apparatus; Magnetic treatment apparatus for medical use; Automated analyzers for foreign matter contained in body fluids [for medical use]; Automated analyzers for body fluids [for medical use]; Radium tubes for medical purposes; Incontinence bed pads; Magnets for therapeutic use; Permanent magnets for therapeutic use; Permanent magnets for medical use; Needles for medical purposes; Medical syringe needles; Disposable needles for hypodermic syringes; Hypodermic needles for injection; Hypodermic needles for use in infusion therapy; Hypodermic needles for use in renal dialysis; Hypodermic needles for use in wound drainage; Hypodermic needles; Insufflation needles; Injection needles for medical use; Acupuncture needles; Bandage clips; Clips adapted for use with ostomy bags; Dental equipment; Dental clips for securing pre-existing dentures; Needles for dental purposes; Teeth aligners; Implant abutments; Implant abutments for dental purposes; Vibrators for heating dental waxes; Pipes for dental applications; Buccal tubes; Pins of precious materials for dental use; Dental pins; Dental foundation supports; Interdental stimulators for use in dental treatment; Dental spectrocolormeters for determining colours of dental prostheses; Dental spectrocolorimeters; Amalgam carriers; Dental probes; Syringes for dental purposes; Dental syringes; Cut-off wheels for dental purposes; Abrasive wheels for dental purposes; Teeth protectors for dental purposes; Dental impression trays; Implant bridges for dental purposes; Dental root posts; Pins for artificial teeth; Pliers for dental use; Dental onlays; Dental colour guides; Hand held mirrors for use in dental inspection; Mirrors for dentists; Dental apparatus for paralleling; Lasers for dental purposes; Lamps for use with dental instruments; Dental curing lights; Electrical oral irrigators for use by dentists; Periodontal irrigators for use in dental treatment; Oral irrigators for use in dentistry; Oral irrigators; Electrical utensils for use by dentists in the care of the teeth; Electrical utensils for use by dentists in the care of the mouth; Instruments for applying dental filling; Instruments for use in prosthetic dentistry; Prosthetic instruments for dental purposes; Orthodontic instruments; Dental hand pieces; Instruments for use in the fitting of artificial teeth; High frequency cutting instruments for dental purposes; High frequency coagulation instruments dental purposes; Interdental immobilization instruments; Dental implants; Dental tray covers made of paper; Tongue scrapers; Drilling jigs for dental applications; Dental burs; Dental drills; Dental picks, other than for personal use; Dental excavators; Dental drill bits; Grinding discs for dental applications; Cutting discs for dental applications; Endodontic devices; Teeth regulating [bracing] devices; Dental dams; Forceps for dental technical purposes; Dental crowns; Prophy angles; Disposable prophy angles; Teething chains for relieving teething pain; Dental caps; Disposable nozzles for dental syringes; Nozzles for dental syringes; Dental intra-oral cameras; Interdental brushes for use in dental treatment; Dental broaches; Dental bridges; Dental braces; Dental articulators; Apparatus for use by dental technicians; Apparatus for use by dental hygienists; Orthopedic apparatus for talipes; Surgical apparatus and instruments for dental use; Apparatus for use in the repair of teeth; Apparatus for use in the preparation of dental prostheses; Instruments for use in the preparation of artificial teeth; Apparatus for use in the fitting of dental prostheses; Dental apparatus, electric; Orthodontic brackets [braces] for use in straightening teeth; Dental apparatus for milling; Polymerisation apparatus for dental purposes; Tooth polishing appliances for use by dentists; Dental moulding devices; Dental descaling apparatus; Orthodontic apparatus; Suction apparatus for dental use; Teething rings for relieving teething pain; Contraceptive devices; Spermicidal sponges; Condoms for prophylactic purposes; Condoms for medical purposes; Condoms for hygienic purposes; Spermicidal condoms; Condoms having spermicidical properties; Condoms; Contrivances made from synthetic rubber for prophylactic purposes; Contrivances made from natural rubber for prophylactic purposes; Contrivances made from natural rubber for contraceptive purposes; Contrivances of rubber for prophylactic purposes; Contrivances of synthetic rubber for contraceptive purposes; Contrivances of rubber for the prevention of the transmission of disease; Diaphragms for contraception; Surgical and wound treating equipment; Vascular access ports for medical use; Screws for bone; Compressing screws in the nature of orthopaedic surgical instruments; Chest percussors; Medical ventilators; Ventilator exhalation valves for artificial respiration; Hydrocephalus valves; Surgical probes; Urethral probes; Light sources for electronic endoscopes for medical purposes; Sphincterotomes; Speculae; Disposable speculums; Specula for otoscopes; Padded neck supports for surgical use; Padded neck supports [cushions] for surgical use; Transplant sutures for use in surgery; Tenaculums; Trocars; Cases fitted for surgical instruments; Surgical tubing for wound drainage; Mesh nerve connecting tubes for medical use; Tubes for perfusion; Tubes for transfusion; Endobrachial tubes; Endotracheal tubes; Tubes for enteral feeding; Tubing for use with cannulas; Tubing for use with catheters; Tracheal tubes; Tubes for surgical purposes; Tubes for veterinary use; Shunts for use in the blood circulatory system; Vaginal syringes; Uterine syringes; Urethral syringes; Urethral probe syringes; Disposable hypodermic syringes for surgical use; Saws for surgical purposes; Electric scalpels [for surgical purposes]; Laser scalpels for medical use; Scalpels; Receptacles for receiving surgical instruments; Surgical raspatories; Periosteal elevators; Respirators for medical purposes; Asphyxial neonates respirators; Rachitomes; Tissue expanders for use in surgery; Cardiac vascular prosthesis for surgical protheses; Laryngectomy protectors; Corneal shields; Proctoscopes; Protective guards for catheters; Lithotomy leg holders; Needle holders for surgical use; Pumps for medical purposes; Pumps for surgical purposes; Cardiovascular pumps; Blood pumps; Intravenous infusion pumps for medical purposes; Time programmable intravenous perfusion pumps; Infusion pumps; Vascular punches; Diathermic handles for medical use; Plates in the nature of orthopaedic surgical instruments; Plates for anastomosis of bones; Bone plates; Caulking guns for surgical use; Bone forceps; Pliers for veterinary use; Pliers for surgical use; Dressing forceps [for surgical use]; Castrating pincers; Biopsy forceps; Lithotomy forceps; Forceps for repositioning; Surgical forceps; Balling guns; Surgical perforators; Electric drills for surgical use; Surgical drills; Ozonizers [ozonators] for medical use; Oxygenators for medical use; Screwing-in tools for surgical use; Laser cutting tools for medical use; Intramedullary plugs; Electrical nerve stimulators; Compressor modules being parts of ventilators [medical]; Mirrors for surgeons; Reversed osmosis membranes for medical use; Surgical mirrors; Splinting materials for surgical use; Respiratory masks for medical purposes; Respiratory masks for artificial respiration; Laryngeal masks; Anaesthetic masks; Hammers for medical or surgical use; Lymphodoema sleeves; Protective sleeves for components of inter-aortic balloons; Injection sleeves for medical use; Scalpel handles; Mallets for medical use; Mallets for surgical use; Electric bone operating machines; Inner lumens for balloon catheters; Lasers for use in surgery; Laryngoscopes; Infrared lamps for surgical purposes; Surgical lamps; Slides for surgical use; Disposable microtome blades; Knife blades [surgical]; Surgical blades; Silicone lace combined with a needle for use in the retraction of veins during surgery; Silicone lace combined with a needle for use in the retraction of arteries during surgery; Transfusion sets; Ostomy seals; Length gauges for medical use; Introducers for implanting vena-cava filters; Introducers for implanting anti-embolic filters; Angiographic vascular introducers for the placement of catheters; Medical gas-insufflators; Co2 irrigators for urological therapy; Co2 irrigators for endoscopic therapy; Instruments for use in gastrointestinal surgery; Surgical cutting instruments; Rectal instruments; Ostomy instruments; Instruments for treating snake bites; Patient ventilation instruments; Instruments for intraluminar sclerosation of varicose veins; Electro medical instruments; Instruments for rubber band ligation of haemorrhoids; Limb compression instruments; Optical instruments for medical endoscopy; Electronic medical instruments; Pneumatically operated medical instruments; Medical instruments for percutaneous tracheostomy; Medical instruments for the removal of warts by freezing; Medical instruments for cutting tissue; Percutaneous renal access sets; Lithotomical instruments; Gynaecological instruments; Instruments for cardiac stimulation; Urethral catheterization instruments; Balloon angioplasty inflation instruments; Liquid chromatography instruments for medical use; Electrotherapy instruments for firming treatments; Catheter skin anchor instruments; Cystomeric instruments; Surgical instruments for use in spinal surgery; Surgical instruments for use in orthopedic surgery; Surgical instruments; Cardiovascular instruments; Liquid chromatography injectors for medical use; Cardiac pulse generators; Evaporators for liquid anaesthetics; Sponges (Surgical -); Forceps elevators; Electrodes for external defibrillators; Cardiac fulguration electrodes; Drilling jigs for surgical applications; Crutch sockets; Obstetric forceps; Forceps; Filters for temporary placement within veins; Filters for use within veins; Anti-embolic filters; Throughflow operated centrifuges filters for medical use; Guide wires for use with balloon dilatation catheters; Medical guidewires; Hydrophilic guide wire to track catheters; Surgical mesh; Incision foils for surgical use; Sponges (Surgical -); Intravenous catheter sets; Electronic endoscopes for medical use; Electronic endoscopes for surgical use; Endoscopes for surgical use; Endoscopes; Joint endoprostheses; Electrocautery apparatus; Face shields for medical use; Face shields for surgical use; Brushes for cleaning body cavities; Bone retractors; Retractors [medical instruments]; Surgical retractors; Lip retractors; External defibrillators; Drape sheets of absorbent cellulose wadding for use during surgery; Thoracic vents; Finger guards for medical purposes; Embolic devices; Medical cutting devices; Leg traction units for medical use; Inflation devices for balloon catheters; Balloon inflating devices for balloon dilation catheters; Posterior spinal fixation devices for the correction of spinal defects; Posterior spinal fixation devices for the correction of back defects; Chest drainage devices for removal of fluids from the pleural cavity of patients; Surgical bypass devices; Surgical amputaters; Forceps for medical use; Blunt curettes [for surgical use]; Sharp curettes; Bone scrapers; Curettes; Ear picks; Cryoprobes for medical use; Hooks being fracture fixation devices; Cutlery for medical purposes; Cutlery for surgical purposes; Stainless steel cutlery for surgical use; Surgical cutlery; Knives for medical use; Ophthalmic microsurgical knives; Stitch cutters [surgical]; Corn knives; Costotomes; Expandable braids for insertion in bile ducts for treating stenosis; Expandable braids for insertion in blood vessels for treating stenosis; Expandable braids for insertion in tubular organs of the body for the treatment of stenosis; Expandable braids for insertion in oesophagus for the treatment of stenosis; Compressors for medical [treatment] purposes; Electric air compressors for surgical use; Compressors [surgical]; Thermal electric compresses for medical use; Compresses (Thermo-electric -) [surgery]; Pads (Abdominal -) for surgical use; Infusion columns; Liquid chromatography columns for medical use; Femoral nails; Centro-medullary nails for tibia; Centro-medullary nails for femur; Emergency pelvic clamps; Clamps for surgical use; Medical scissors; Bone chisels; Scissors for surgery; Shears [surgical instruments]; Belts for surgical purposes; Electric cauteries for surgical use; Platinum cauteries [for surgical use]; Venous catheters for human use; Central venous catheters; Catheters for use in embolectomy; Medical and surgical catheters; Catheters for urological purposes; Biliary drainage catheters; Dilatation catheters; Calibration catheters; Angioplasty catheters; Catheters incorporating filters; Cervical balloon catheters; Cardiac catheters; Catheters for medical use; Catheters for surgical use; Pressure microsensor catheters; Coronary balloon dilatation catheters for angioplasty; Angioplasty balloon catheters; Balloon catheters; Catheters; Intracardiac catheter; Respiratory helmets for artificial respiration; Haemoperfusion cartridges; Precision sensors for medical use; Trocar cannulas; Tracheotomy tubes; Cannulae; Endoscopy cameras; Drilling templates for surgical use; Tweezers for medical use; Tweezers for surgical use; Cytology brushes; Adhesive flanges for use with ostomy bags; Bougies [surgery]; Scalpels emitting electromagnetic rays; Medical and surgical cutters for cutting human or animal tissue and organs; Surgical knives; Knives for surgical use; Ladies' stockings [surgical]; Compression bandages; Intra-aortic balloons; Balloons for use in arthroscopy; Loop ostomy rods; Lancing devices for surgical use; Maxillo-mandibular splints for use in maxillofacial surgery; Surgical splints; Clasps for surgical use; Ultrasonic aspirators for washing out soft tissue parts; Lymphodoema hosiery; Kidney horns; Ligating clip applicators for medical use; Apparatus for non-invasive surgery; Blood warmers; Medical apparatus for urological purposes; Medical apparatus for urethral catheterization; Medical apparatus for use in laparoscopy; Medical apparatus for use in cardiac surgery; Medical apparatus for use in endoscopy; Surgical apparatus and instruments for medical use; Surgical apparatus and instruments; Endoscopic apparatus; Apparatus for cleansing blood during surgical procedures; Apparatus for use in the repair of bones; Apparatus for orthopaedic purposes; Shock wave apparatus for medical use; Infrared apparatus for surgical purposes; Catheter apparatus for gastroenterological use; Ventilator breathing apparatus for artificial respiration; Cardiopulmonary perfusion apparatus; Microdermabrasion apparatus; Cardiac fulguration apparatus; Wound suction apparatus; Heparin control apparatus for surgical procedures; Anaesthetic apparatus; Epidural analgesia apparatus for medical use; Epidural analgesia apparatus for surgical use; Polypectomy snares; Constriction rings for use in maintaining penile rigidity in men with erectile dysfunction; Annuloplasty rings; Cardiovascular angioscopes; Needles for surgical purposes; Cardiovascular needles; Fistula needles; Ligating clips for medical use; Cervical portio adapters; Neurosurgical adaptors; Peep activators being parts of medical ventilators for maintaining pressure; Suture and wound closing materials and products; Hard elastic sutures; Adhesive sutures; Stapling presses for surgical use; Stapling guns (Electric -) for surgical use; Stapling guns (Hand-operated -) for surgical use; Silicone gel sheeting for the treatment of scars; Suture materials for medical use; Suture materials; Suturing instruments; Thread, surgical; Thread for medical use; Zippers adapted for use as temporary wound closures; Surgical catgut; Catgut; Medical devices for closing wounds; Apparatus for use in vein puncture; Suture needles; Surgical needles; Staplers for medical purposes; Staplers for surgical purposes; Surgical skin staplers; Surgical staplers; Surgical staples; Diagnostic, examination, and monitoring equipment.

Class 44: Aquaculture services; Aromatherapy services; Animal healthcare services; Dentistry; Medical assistance; Public baths for hygiene purposes; Turkish baths; Blood bank services; Chiropractics; Plastic surgery; Tree surgery; Medical clinic services; Floral design; Landscape design; Wreath making; Advisory services relating to health; Medical advice for individuals with disabilities; Pharmacy advice; Rehabilitation of substance abuse patients; Vermin exterminating for agriculture, horticulture and forestry; Weed killing; Health centers; Farming (animals); Lawn care; Aerial and surface spreading of fertilizers and other agricultural chemicals; Depilatory waxing; Medical equipment rental; In vitro fertilization services; Nursing (medical); Horticulture; Hospices; Hospitals; Hair implantation; Artificial insemination services; Rental of sanitation facilities; Gardening; Landscape gardening; Convalescent homes/ Convalescent homes; Nursing homes; Manicuring; Massage; Farming equipment rental; Alternative medicine services; Opticians' services; Orthodontic services; Speech therapy services; Animal grooming; Plant nurseries; Pharmacists' services to make up prescriptions; Physical therapy; Tree planting for carbon offsetting purposes; Psychologist (Services of a -); Beauty salons; Hair salon services; Sanatoriums; Medical services; Sauna services; Solarium services; Health spa services; Tattooing; Telemedicine services; Therapy services; Pet grooming; Visagists' services.

The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.

Contested goods in Class 10

The opponent’s goods in class 10 are specific scanners used only by technicians in dental prosthetic laboratories. They are used in a process of making artificial teeth and prosthetics based on the orthodontic models previously taken by the medical personnel, as these models are scanned in 3D before the actual artificial teeth and prosthetics are manufactured.

The contested Dental equipment (listed twice); Dental apparatus, electric; Medical apparatus; Apparatus for use by dental technicians; Apparatus for use in the repair of teeth; Apparatus for use in the preparation of dental prostheses; Dental apparatus, electric; Electro medical instruments; Electronic medical instruments are medical apparatus in general and various types of diagnostics apparatus in particular, that all include, as broader categories, or overlap with, the opponent’s Scanners for three-dimensional capture of orthodontic models. Since the Opposition Division cannot dissect ex officio the broad categories of the contested goods, they are considered identical to the opponent’s goods.

The contested Laser machining tools for medical use; Medical instruments incorporating lasers; Dental apparatus for paralleling; Orthodontic apparatus are similar to the opponent’s Scanners for three-dimensional capture of orthodontic models. They have the same nature, they may coincide in manufacturers, and distribution channels.

The contested Dental prostheses (listed twice); Artificial teeth; Pins for artificial teeth; Prosthetic parts for dentistry; Protective cups for teeth; Artificial teeth; Implants [prosthesis] for dental surgery; Implants [prosthesis] for use in dentistry; Implant materials [prosthesis] for use in dental surgery; Artificial jaws; Artificial parts for teeth; Dental prostheses in the form of inlays; Prostheses constructed in high strength porcelain affixed to the enamel structure; Prostheses constructed in high strength porcelain affixed to the dentine structure; Prostheses in the form of full crown restorations; Prostheses in the form of partial crown restorations; Denture parts; Artificial implants; Laser pointers for medical use; Lasers for medical purposes; Lasers capable of producing pulsating laser beams [for medical use]; Lasers incorporating optical fibres for medical use; Laser instruments for medical use; Laser beam delivery instruments for medical use; Laser installations for medical use; Dental clips for securing pre-existing dentures; Needles for dental purposes; Teeth aligners; Implant abutments; Implant abutments for dental purposes; Pins of precious materials for dental use; Dental pins; Dental foundation supports; Interdental stimulators for use in dental treatment; Dental spectrocolormeters for determining colours of dental prostheses; Dental spectrocolorimeters; Amalgam carriers; Dental probes; Cut-off wheels for dental purposes; Abrasive wheels for dental purposes; Teeth protectors for dental purposes; Dental impression trays; Implant bridges for dental purposes; Dental root posts; Pins for artificial teeth; Pliers for dental use; Dental onlays; Dental colour guides; Lasers for dental purposes; Lamps for use with dental instruments; Dental curing lights; Dental crowns; Prophy angles; Disposable prophy angles; Dental bridges; Dental articulators; Instruments for use in the preparation of artificial teeth; Apparatus for use in the fitting of dental prostheses; Orthodontic brackets [braces] for use in straightening teeth; Polymerisation apparatus for dental purposes; Hand held mirrors for use in dental inspection; Mirrors for dentists; Electrical oral irrigators for use by dentists; Periodontal irrigators for use in dental treatment; Oral irrigators for use in dentistry; Oral irrigators; Electrical utensils for use by dentists in the care of the teeth; Electrical utensils for use by dentists in the care of the mouth; Instruments for applying dental filling; Instruments for use in prosthetic dentistry; Prosthetic instruments for dental purposes; Orthodontic instruments; Dental hand pieces; Instruments for use in the fitting of artificial teeth; High frequency cutting instruments for dental purposes; High frequency coagulation instruments dental purposes; Interdental immobilization instruments; Dental implants; Dental tray covers made of paper; Drilling jigs for dental applications; Dental burs; Dental drills; Dental picks, other than for personal use; Dental excavators; Dental drill bits; Grinding discs for dental applications; Cutting discs for dental applications; Endodontic devices; Teeth regulating [bracing] devices; Dental dams; Forceps for dental technical purposes; Dental crowns; Prophy angles; Disposable prophy angles; Teething chains for relieving teething pain; Dental caps; Disposable nozzles for dental syringes; Nozzles for dental syringes; Dental intra-oral cameras; Interdental brushes for use in dental treatment; Dental broaches; Dental braces; Apparatus for use by dental hygienists; Orthopedic apparatus for talipes; Surgical apparatus and instruments for dental use; Dental apparatus for milling; Tooth polishing appliances for use by dentists; Dental moulding devices; Dental descaling apparatus; Orthodontic apparatus; Suction apparatus for dental use; Teething rings for relieving teething pain are dental and orthodontic goods. They can have the same manufacturers, distribution channels and users. The goods are similar to a low degree to the opponent’s goods.

The remaining goods are various types of medical goods, implants, machines of all medical areas. They have a different nature, purpose and methods of use compared to all the goods of the opponent in Classes 9 and 10, the latter being or being directly related very specific machines and software for the technicians of dentistry, orthodontics, and for making orthodontic models. They may not have the same manufacturers. They have different consumers, and are not complementary nor in competition. These goods are dissimilar.

Contested services in Class 44

The contested Aquaculture services; Aromatherapy services; Animal healthcare services; Public baths for hygiene purposes; Turkish baths; Blood bank services; Chiropractics; Plastic surgery; Tree surgery; Floral design; Landscape design; Wreath making; Advisory services relating to health; Medical advice for individuals with disabilities; Pharmacy advice; Rehabilitation of substance abuse patients; Vermin exterminating for agriculture, horticulture and forestry; Weed killing; Health centers; Farming (animals); Lawn care; Aerial and surface spreading of fertilizers and other agricultural chemicals; Depilatory waxing; In vitro fertilization services; Nursing (medical); Horticulture; Hospices; Hospitals; Hair implantation; Artificial insemination services; Rental of sanitation facilities; Gardening; Landscape gardening; Convalescent homes/ Convalescent homes; Nursing homes; Manicuring; Massage; Farming equipment rental; Alternative medicine services; Opticians' services; Speech therapy services; Animal grooming; Plant nurseries; Pharmacists' services to make up prescriptions; Dentistry; Orthodontic services; Medical clinic services; Medical equipment rental; Physical therapy; Tree planting for carbon offsetting purposes; Psychologist (Services of a -); Beauty salons; Hair salon services; Sanatoriums; Medical services; Sauna services; Solarium services; Health spa services; Tattooing; Telemedicine services; Therapy services; Pet grooming; Visagists' services have a different nature, purpose and methods of use compared to all the goods of the opponent the latter being or being directly related very specific machines and software for the technicians of dentistry, orthodontics, and for making orthodontic models. They may not have the same manufacturers. They have different consumers and are not complementary nor in competition. These services are dissimilar.

2. Relevant public — degree of attention

The average consumer of the category of products concerned is deemed to be reasonably well informed and reasonably observant and circumspect. It should also be borne in mind that the average consumer’s degree of attention is likely to vary according to the category of goods or services in question.

In the present case, the goods found to be identical or similar to various degrees are directed only at the customers with specific professional knowledge or expertise since these are highly specific goods used in dentistry, orthodontics.

The degree of attention is high due to a very specific medical-technical nature of the goods in question.

3. The signs

Earlier trade mark	Contested sign

The relevant territory is the European Union.

The global appreciation of the visual, aural or conceptual similarity of the marks in question must be based on the overall impression given by the marks, bearing in mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95, Sabèl, EU:C:1997:528, § 23).

The marks are figurative marks, both containing the word ORTHO as their first element. This is followed by a second element. In case of the earlier mark, it is formed of a two crossed lines forming a letter X, and in case of the contested mark- a number seven.

The common element ORTHO is meaningful in all territories of the Union. It stems from the old Greek word orthós, meaning straight, correct. (http://www.dictionary.com/browse/ortho-). Nowadays it is a common prefix present in all European Union languages either in the form of ORTHO- or ORTO-, used in connection with or referring to correcting therapies or a branch of medicine that corrects something in the body, such as orthodontics, a specialty of dentistry concerned with the study and treatment of malocclusions. The latter is a branch of dentistry concerned with preventing or correcting the irregularities of the teeth by a dental specialist – an orthodontist. The word in all of its variations is understood by the medical and medical technical professionals (who due to their extensive training in the field are aware of such prefixes and words and who constitute the relevant public in the present case) referring to this specific dental medicine branch when seen on dental medical goods.

Bearing in mind that the relevant goods that were found identical and similar to various degrees are all dentistry and orthodontics related specific goods, this element ORTHO is non-distinctive for all these goods.

The remaining elements in the marks have no meaning related to the relevant goods for the relevant public and are, therefore, distinctive.

The marks have no elements that could be considered clearly more dominant than other elements.

Visually, the signs overlap in their first element ORTHO, which was found non-distinctive. Furthermore, this element is written in lower case in the earlier mark and in upper case in the contested mark, being in different colours and different typeface. The marks also differ in their second element, a cross or a letter X in the earlier mark and number seven in the contested mark. The differentiating elements which are distinctive and capture more the attention of the relevant public, have nothing in common visually. The overlap in the non-distinctive element has no impact.

Therefore, the signs are visually dissimilar.

Aurally, irrespective of the different pronunciation rules in different parts of the relevant territory, the pronunciation of the signs coincides in the sound of the element ORTHO, found non-distinctive in both marks. The pronunciation differs in the sound produced when vocalising the second elements, X and 7, of both signs. The differentiating elements which are distinctive and capture more the attention of the relevant public, have nothing in common aurally. The overlap in the non-distinctive element has no impact.

Therefore, the signs are aurally dissimilar.

Conceptually, the signs are dissimilar because they overlap in a non-distinctive element, as explained above, and the differentiating elements convey different distinctive concepts as explained above. Therefore, the overlap in the non-distinctive element has no impact.

 

4. Conclusion

According to Article 8(1)(b) EUTMR, the similarity of the signs is a condition for a finding of likelihood of confusion. Since the signs are dissimilar, one of the necessary conditions of Article 8(1)(b) EUTMR is not fulfilled, and the opposition must be rejected.

COSTS

According to Article 85(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party.

Since the opponent is the losing party, it must bear the costs incurred by the applicant in the course of these proceedings.

According to Rule 94(3) and Rule 94(7)(d)(ii) EUTMIR, the costs to be paid to the applicant are the costs of representation which are to be fixed on the basis of the maximum rate set therein.

The Opposition Division

Julie GOUTARD

Erkki MÜNTER

Michaela SIMANDLOVA

According to Article 59 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 60 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds of appeal must be filed within four months of the same date. The notice of appeal will be deemed to be filed only when the appeal fee of EUR 720 has been paid.

The amount determined in the fixation of the costs may only be reviewed by a decision of the Opposition Division on request. According to Rule 94(4) EUTMIR, such a request must be filed within one month from the date of notification of this fixation of costs and will be deemed to be filed only when the review fee of EUR 100 (Annex I A(33) EUTMR) has been paid.