The trademark WIDECARE was filed by Quilaban - Química Laboratorial e Analítica S.A., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on October 7, 2021, and received one opposition filed on December 21, 2021 by widecare GmbH on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion. the opponent was represented by BREUER LEHMANN RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2021
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Toiletries
Body cleaning and beauty care preparations
Skin care preparations
Soap
Make-up preparations for the face and body
Essential oils and aromatic extracts
Perfumery and fragrances
Sunscreen
Deodorants and antiperspirants
Hair preparations and treatments
Cotton wool for cosmetic purposes
Tissues impregnated with make-up removing preparations
Cosmetics.
The mark was filed in class 5 with following description of goods:
Veterinary preparations
Medical preparations
Pharmaceuticals
Sanitary preparations for medical purposes
Dietetic substances adapted for medical use
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Dietetic foods adapted for medical purposes
Food for babies
Dietary supplements for animals
Dietary supplements for humans
Plasters, materials for dressings
Teeth filling material
Dental wax
Disinfectants
Preparations for destroying noxious animals
Dressings, medical
Adhesive dressings
Elastic bandages [dressings].
The mark was filed in class 10 with following description of goods:
Veterinary apparatus and instruments
Surgical apparatus and instruments
Dental apparatus and instruments
Medical apparatus and instruments
Artificial limbs
Artificial teeth
Artificial eyes
Orthopedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage balls
Gloves for massage
Massage chairs
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles.
The mark was filed in class 35 with following description of goods:
Advertising
Management administration of commercial undertakings
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Administration of loyalty rewards programs featuring trading stamps
Market study and analysis of market studies
Sales promotion through customer loyalty programs
Promoting the goods and services of others by means of a loyalty rewards card scheme
Marketing
Providing administrative assistance to pharmacies for managing drug inventories
Distribution of advertising material
Publicity and sales promotion services
Advertising, promotional and public relations services
The bringing together, for the benefit of others, of a variety of healthcare products and services of others, enabling customers to conveniently compare and purchase those services
Providing business information directory services, via a global computer network
Administrative management of health care clinics
Management of health care clinics for others
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesaling and retailing services, in relation to the following goods: Non-medicated cosmetics and toiletry preparations, Dentifrices, Perfumery, essential oil, Toiletries, Preparations for cleaning the body and for beauty care, Including the marketing of these products by catalogue, mail order or electronic mail
Wholesaling and retailing services, in relation to the following goods: Veterinary preparations, Medical reparations, Pharmaceutical preparations, Sanitary preparations for medical purposes, Dietectic substances adapted for medical use, Dietetic food adapted for veterinary use, dietetic food for medical purposes, Baby food, Dietary supplements for humans, Disinfectants, Exterminating preparations, Including the marketing of these products by catalogue, mail order or electronic mail
Wholesaling and retailing services, in relation to the following goods: Veterinary apparatus and instruments, surgical, Dental apparatus and instruments, Medical apparatus and instruments, Orthopedic articles, Therapeutic and assistive devices adapted for persons with disabilities, Apparatus, devices and articles for nursing infants, Sexual activity devices and articles, Including the marketing of these products by catalogue, mail order or electronic mail.
The mark was filed in class 36 with following description of goods:
Medical insurance
Insurance investigations
Insurance information
Insurance consultancy
Provision of insurance services to insurance companies
Insurance services relating to life
Insurance services relating to life
Health insurance underwriting
Finance services
Medical insurance underwriting
Financial management services relating to medical institutions
Insurance services relating to nursing homes.
The mark was filed in class 40 with following description of goods:
Recycling of waste
Air purification
Rental of air purification apparatus
Water treatment [demineralising] services
Rental of water treatment equipment
Food and drink preservation
Custom assembling of materials for others
Custom manufacture of biopharmaceuticals
Custom manufacture of pharmaceuticals
Custom manufacture of medical devices for others
Custom manufacture of dental prosthesis and dentures
Custom manufacture of molded components.
The mark was filed in class 41 with following description of goods:
Publication of electronic books and periodicals on the Internet
Organisation of congresses and conferences for cultural and educational purposes
Consultancy and information services relating to arranging, conducting and organisation of conferences
Arranging and conducting of conferences and congresses
Arranging and conducting conferences and seminars
Creation [writing] of educational content for podcasts
Providing of training in the field of health care and nutrition
Vocational education relating to avoidance of health related problems
Conducting of educational seminars relating to medical matters
Medical education services
Publication of medical texts
Teaching services relating to the medical field
Organization of seminars and conventions in the field of medicine
Education services relating to medicine
Training in the field of medicine
Information relating to cultural activities
Entertainment services in the nature of organizing social entertainment events
Consultancy and information services relating to arranging, conducting and organisation of congresses
Information about entertainment and entertainment events provided via online networks and the Internet
Providing online videos, not downloadable
Video editing
Videotape production
Providing publications from a global computer network or the internet which may be browsed
Electronic publication of texts and printed matter, other than publicity texts, on the Internet
Publication of material which can be accessed from databases or from the internet
Education, entertainment and sport services
Organisation of conferences, exhibitions and competitions
Courses (Training -) relating to insurance
Training
Practical training [demonstration]
Vocational training services
Computer training
Workshops for training purposes
Education services relating to health
Training
Employment training
Education services relating to health
Instruction courses relating to health
Education services relating to health
Health and wellness training
Education services relating to health
Training services relating to occupational health
Provision of educational services relating to health
Educational services in the healthcare sector
Education in the field of occupational health and safety
Provision of educational health and fitness information
Conducting educational support programmes for healthcare professionals
Educational and training services relating to healthcare.
The mark was filed in class 42 with following description of goods:
Design and development of new products
Design and development of software for website development
Design and development of medical technology
Database design and development
Scientific laboratory services
Scientific services relating to the isolation and cultivation of human tissues and cells
Medical laboratory services
Medical research
Medical laboratory services
Research on the subject of pharmaceuticals
Scientific investigations for medical purposes
Medical and pharmacological research services
Medical research laboratory services
Computer programming in the medical field
Scientific research for medical purposes
Biological research, clinical research and medical research
Development of pharmaceutical preparations and medicines
Research and development of vaccines and medicines
Design and development of computer software for use with medical technology
Design and development of medical diagnostic apparatus
Information technology services for the pharmaceutical and healthcare industries
Testing, authentication and quality control
Veterinary laboratory services
Services for assessing the efficiency of veterinary drugs
Provision of information and data relating to medical and veterinary research and development.
The mark was filed in class 44 with following description of goods:
Medical services
Animal healthcare services
Human hygiene and beauty care
Hygienic and beauty care for animals
Agriculture, horticulture and forestry services
Provision of medical services
Providing information relating to medical services
Consultancy and information services relating to medical products
Medical treatment services provided by clinics and hospitals
Medical analysis services for diagnostic and treatment purposes provided by medical laboratories
Consulting services relating to health care
Medical analysis services
Medical clinic services
Veterinary services (Professional consultancy relating to -)
Providing information relating to veterinary services
Veterinary advisory services
Dispensing of pharmaceuticals
Pharmacy advice
Pharmacy advice
Pharmaceutical services
Consultancy and information services relating to pharmaceutical products
Consultancy and information services provided via the Internet relating to pharmaceutical products
Health care relating to osteopathy
Nutrition counseling
Professional consultancy relating to nutrition
Nutrition and dietetic consultancy.
The mark was filed in class 45 with following description of goods:
Consultancy on regulations on safety at work
Consulting in the field of workplace safety
Information services relating to health and safety.