The trademark was filed by Theralution GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 17, 2021, and received one opposition filed on September 19, 2021 by TRISTEL N.V. on Likelihood of confusion. the opponent was represented by ARNOLD & SIEDSMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on March 30, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary products
Foodstuffs and dietetic substances for medical or veterinary purposes
Dietary supplements for human beings and animals
Diagnostic preparations for medical purposes and Diagnostic materials.
The mark was filed in class 35 with following description of goods:
Operating online shops, namely Arranging and concluding of contracts for the purchase and sale of goods
Arranging and concluding of contracts for the purchase and sale of services
Retail mail order services, in relation the following goods, Pharmaceutical preparations, medicated preparations, Veterinary preparations, Dietetic foods, Dietetic substances, For medical purposes, For veterinary purposes
Retail mail order services, in relation the following goods, Dietary supplements for human beings and animals, Diagnostic preparations, Diagnostic materials
Arranging of commercial and business contacts
Provision and rental of advertising space, time and media
Compilation and systemisation of data and information into computer databases
Updating and maintenance of data in computer databases
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 42 with following description of goods:
Software development, programming and implementation
Hosting services, software as a service, and rental of software
Platform as a service [PaaS]
Cloud computing
Laboratory services
Scientific and technological services and research and design relating thereto
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 44 with following description of goods:
Medical services
Medical diagnostic services
Pharmaceutical services
Nutrition and dietetic consultancy
Development of health management concepts, care concepts and provision concepts for patients from a medical perspective
Consultancy and information in relation to the aforesaid services, included in this class.