The trademark EVOCAL Health was filed by EVOCAL Health GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 17, 2022, and received one opposition filed on April 3, 2022 by Workheld GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 3, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003167278 was refused according to Article 8(1)(a) EUTMR with decision issued on June 15, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Science software
Scientific research and laboratory apparatus, educational apparatus and simulators
Software
Business technology software
All of the aforementioned relating to medical or healthcare services.
The mark was filed in class 42 with following description of goods:
Development of software for digital signal processing
Design of software for digital signal processing
Platform as a service [PaaS]
Scientific services
Science and technology services
Natural science services
Scientific technological services
Medical research laboratory services
Computer services for the analysis of data
Consultancy services relating to computer programming
Design services relating to computer hardware and to computer programmes
Authentication services for computer security
Advisory services relating to computer programming
Computer security consultancy
Provision of research services
Medical and pharmacological research services
Calibration services relating to computer software
Installation and maintenance of computer programs
Computer design and programming services
Computer software consultancy
Quality control relating to computer software
Computer software programming services
Maintenance of computer programs
Design services for data processing systems
Diagnosis of faults in computer software
Consultancy relating to biotechnology
Consultancy relating to software for communication systems
Development and testing of computing methods, algorithms and software
All of the aforementioned relating to medical or healthcare services.
The mark was filed in class 44 with following description of goods:
Medical screening
Medical services
Pharmaceutical services
Health clinic services [medical]
Telemedicine services
Medical analysis services
Medical counseling
Medical care
Medical and healthcare services
Health farm services [medical]
Provision of medical services
Health resort services [medical]
Medical tele-reporting [medical services]
Medical services for the diagnosis of conditions of the human body
Medical analysis for the diagnosis and treatment of persons