The trademark AUDIBERIA was filed by ACTIVEHEARING ESPAÑA, S.L.U., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 15, 2024, and received one opposition filed on September 5, 2024 by audibene GmbH on Likelihood of confusion. the opponent was represented by Potter Clarkson A/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 5, 2024
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 10 with following description of goods:
Surgical apparatus and instruments for medical use
Medical and veterinary apparatus and instruments
Diagnostic, examination, and monitoring equipment
Hearing protection devices
Prosthetics and artificial implants
Hearing aids
Apparatus for use in treating hearing disorders
Artificial limbs
Orthopedic articles
Suture materials
Aural prostheses
Earmoulds being parts of hearing aids
Hearing protectors without the ability to reproduce or transmit sound
Ear plugs [hearing protection devices]
Ear plugs for medical purposes
Ear inserts for medical use
Heat dispensing containers for relieving pain in the ear
Heat dispensing containers for relieving pressure on the ear
Noise protection means in the form of deformable ear plugs.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Medical services
Animal healthcare services
Medical consultancy relating to hearing loss
Consultancy relating to hearing tests
Human hygiene and beauty care
Fitting of hearing aids
Laboratory analysis services relating to the treatment of persons