The trademark vitagroup HIP was filed by Vitagroup AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 18, 2020, and received one opposition filed on November 18, 2020 by Vita Zahnfabrik H. Rauter GmbH & Co. KG on Likelihood of confusion. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 2020
It was designated 'Basic Application' for International Application 1586318 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Data management software
Software for monitoring, analysing, controlling and running physical world operations
Computers, telecommunications apparatus, software, the aforesaid goods in particular for telemedical applications.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments, namely diagnostic, examination, and monitoring equipment
Telemedical apparatus and instruments
None of the aforesaid goods for the dental sector.
The mark was filed in class 35 with following description of goods:
Data processing services in the field of healthcare
Business assistance, business management and administrative services, in particular in the field of telecommunications infrastructures
Accountancy, book keeping and auditing, In particular in the field of healthcare
Administrative support and data processing services, In particular in the field of healthcare
Human resources management and recruitment services
Business consultancy and advisory services, In particular in connection with, mainly operative, health management
Medical billing services for doctors.
The mark was filed in class 38 with following description of goods:
Communications services, In particular in the health sector, mainly for communication between service providers and patients
Communication services between data banks
Rental of wireless communication systems
Communications services for accessing a data-base
Provision of access to data on communication networks
Providing access to web pages on the Internet
Electronic data interchange services, In particular in the field of medicine, Mainly relating to providers available to develop and to operate an ecosystem of networked health applications
Telecommunication services provided via Internet platforms and portals, In particular a communication tool for medical personnel
Providing access to platforms on the Internet, In particular a platform for agile and scalable digital health solutions
Providing of Internet portals, for others, In particular a platform and/or a portal for networked health care
Operating and rental of telecommunications equipment
Operating chatlines and forums
Operating chat rooms
Services of an online provider, namely creating discussion forums
Transmission of information relating to pharmaceuticals, medicine and hygiene.
The mark was filed in class 41 with following description of goods:
Conducting of instructional seminars
Organisation of conferences, exhibitions and competitions
Education and instruction services.
The mark was filed in class 42 with following description of goods:
Medical and pharmacological research services
Information technology services for the pharmaceutical and healthcare industries
Computer programming in the medical field
Writing of computer programs for medical applications
Design and development of computer software for use with medical technology
Hosting of communication platforms on the internet
Development of computer based networks
Providing artificial intelligence computer programs on data networks
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software.
The mark was filed in class 44 with following description of goods:
Medical and veterinary medical services
Telemedicine services
Telemedicine services
Professional consultancy relating to health
Telemedical service centres, telemedical monitoring, telemedical advice for patients, telemedical diagnostics, in particular via electronic communication means, telephone medical advice and telephone emergency services
Providing of online information relating to the prevention of diseases.