The trademark Care4Rare was filed by Christoph Klein, a national of the Federal Republic of Germany (the "Applicant") and Andreas Staudacher, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 7, 2021, and received one opposition filed on April 25, 2021 by CARE4CHRONICS, S.L.U. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 25, 2021
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 36 with following description of goods:
Monetary affairs
Charitable and charity fundraising
Financing of training and further training and research projects and clinical trials
Financial support of destitute, socially poor and needy people and families through use or mediation of funds for procuring and providing of expert services, service and consultancy.
The mark was filed in class 41 with following description of goods:
Consultancy with regard to training and further training
Providing electronic publications
Education and tuition
Scientific continuous training and organisation and arranging thereof
Organising, arranging and conducting of colloquiums, Organising, arranging and conducting of symposiums, Organisation, management or arrangement of seminars and Arranging, organisation and conducting of workshops, Arranging and organising sporting events and Arranging, organisation and conducting of exhibitions, the aforesaid services being for cultural and educational purposes
Public relations
Arranging of artistic performances and art exhibitions, vernissages and finissages
Presentation of live performances and Conducting of evening events
Organisation of competitions (education or entertainment)
Publication of books
Electronic publication of books and periodicals online, publication of texts (other than publicity texts)
Organising and conducting of charity events and campaigns
Publication of printed matter for publishing and printed matter in electronic form, Also on the Internet, Other than for advertising purposes, Including relating to rare human diseases, including childhood diseases, including genetic diseases, including of the blood and immune system, congenital neutropenia, congenital disorders of the immune system or inflammatory bowel disease
Conducting of courses, seminars and congresses, precautionary information (awareness and prevention) relating to medical topics.
The mark was filed in class 42 with following description of goods:
Scientific, biological and technological services and research works
Clinical, immunological and genetic diagnosis and Development of medicines
Scientific testing services
Surveying
Scientific research, biological, chemical and medical research
Development of new therapies, Including pharmacotherapy, cell and gene therapy
Basic research, Therapy development and Provision of research services, Including in the field of rare human diseases, including childhood diseases, including genetic diseases, including of the blood and immune system, congenital neutropenia, congenital disorders of the immune system or inflammatory bowel disease.
The mark was filed in class 44 with following description of goods:
Medical services, Clinical and diagnostic analysis and Development of therapies, Including pharmacotherapy, cell and gene therapy
Travelling and mobile care services, medical and therapeutic care, support and the arranging thereof, including in the field of rare human diseases, including childhood diseases, including genetic diseases, including of the blood and immune system, congenital neutropenia, congenital disorders of the immune system or inflammatory bowel disease
Clinical, immunological, molecular biological, biochemical, chemical and genetic diagnosis