The trademark CLARIO was filed by EResearchTechnology, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 28, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on October 30, 2022 by Apple Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and its proceedings were handled in English
The second opposition filed on October 30, 2022 by Claris International Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Locke Lord LLP and its proceedings were handled in English
The fourth opposition filed on October 20, 2022 by Kusserow, Ingo on Likelihood of confusion. the opponent was represented by Pietruck, Marko and its proceedings were handled in German
The fifth opposition filed on August 23, 2022 by CLARO SOLUCIONES INFORMATICAS, S.L. on Likelihood of confusion. the opponent was represented by WOLKE, PATENTES Y MARCAS and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 12, 2024. Change of name and professional address of the trademark registration was recorded on July 3, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software for use in collecting, managing and analyzing quality of life, subjective symptom, and similar self-observation data self-reported by patients in pharmaceutical clinical trials
Computer software for the collection, interpretation, evaluation, auditing, management, processing, tracking and viewing of data in the field of clinical trials
Computer software for calibrating and managing medical instruments used in clinical trials
Integrated medical research systems comprising wearable devices with sensors, namely, accelerometers, gyroscopes, and magnetometers, to monitor the physical movements of an individual wearing the device and computer software and monitors used during the process of monitoring the movement of an individual
None of the aforesaid goods relating to the custom design and development of computer hardware and software except as relating to medical research or medical clinical trials and none of the foregoing for in vitro diagnostics, detection of contaminants, infectious disease surveillance, disease prevention and control, and/or antimicrobial stewardship.
The mark was filed in class 10 with following description of goods:
Medical devices for the respiratory system, namely, for measuring, monitoring, collecting, recording, transmitting, and evaluating data regarding expiratory flow, respiratory symptoms, and respiratory medication consumption
Medical devices for measuring, monitoring, collecting, recording, transmitting, and evaluating data concerning expiratory flow and cardiopulmonary behavior
Portable medical devices with sensors to monitor the physical movements of a patient wearing or carrying the device
Medical apparatus and equipment for examining lung function and parts therefor
Medical electronic apparatus and equipment, namely, spirometers, pulse oximeters, electrocardiographs and parts of all aforesaid goods
None of the foregoing for in vitro diagnostics, detection of contaminants, infectious disease surveillance, disease prevention and control, and/or antimicrobial stewardship.
The mark was filed in class 35 with following description of goods:
Computerized database management services in connection with clinical trials of medical and clinical diagnostic products
Business consulting services in relation to clinical data and regulatory management for healthcare industry organizations, namely, bio-pharmaceutical organizations, contract research organizations, medical device companies, and hospitals
Business consulting and management in the field of clinical trials, namely, providing information management services
Business consulting and management in the field of clinical trials, namely, clinical data and regulatory submission management on behalf of medical, bio-pharmaceutical and biotechnology companies to assist them with clinical research, clinical trials and applications for drug approval
Business consulting and management in the field of clinical trials, namely, management and compilation of computerized databases in the field of clinical trials for business purposes
Providing independent review of clinical trials for business purposes
Database management services, namely, aggregating and organizing data in connection with clinical trials of medical and clinical diagnostic products
Data collection services
Data collection services using proprietary software to evaluate, analyze, and collect data in the field of clinical trials of medical and clinical diagnostic products
None of the foregoing for in vitro diagnostics, detection of contaminants, infectious disease surveillance, disease prevention and control, and/or antimicrobial stewardship.
The mark was filed in class 41 with following description of goods:
Business training services, namely, scientific and regulatory leadership development training for healthcare industry organizations, namely, biopharmaceutical organizations, contract research organizations, medical device companies, and hospitals
Training and development in the field of conducting clinical trials, namely, conducting seminars and workshops in the field of clinical trials
Training in the field of computer software support, namely, conducting seminars and workshops in the field of software support
None of the foregoing for in vitro diagnostics, detection of contaminants, infectious disease surveillance, disease prevention and control, and/or antimicrobial stewardship.
The mark was filed in class 42 with following description of goods:
Data automation services, namely analyzing, evaluating, collecting and compiling data in the field of clinical trials of medical and clinical diagnostic products
Data automation services using proprietary software to evaluate, analyze, and collect data in the field of clinical trials of medical and clinical diagnostic products
Consulting services in the field of clinical trials of medical and clinical diagnostic products
Design and development of computer software for collecting, storing, managing, analyzing, and reporting on healthcare data and clinical trial data
Providing temporary use of non-downloadable computer software for collecting, storing, managing, analyzing, and reporting on healthcare data and clinical trial data
Design and development of computer software for data analytics, data visualization, and data workflow in the healthcare and pharmaceutical industries
Providing temporary use of non-downloadable computer software for data analytics, data visualization, and data workflow in the healthcare and pharmaceutical industries
Data automation and collection service using proprietary software to evaluate, analyze and collect service data
Providing temporary use of nondownloadable software for use in screening and monitoring patients for suicide risk
Providing temporary use of non-downloadable software for measuring expiratory flow volume and monitoring, collecting, and evaluating expiratory flow data
Application service provider services featuring software for the collection, management and reporting by others of clinical research and marketing
Providing medical and scientific information pertaining to clinical trials of pharmaceuticals from a computer database
Providing a website relating to medical and scientific research information pertaining to clinical trials of pharmaceuticals
Providing medical and scientific research information in the field of clinical trials
Technical consulting services in the field of clinical trials
Providing an on-line computer database in the field of clinical trials
None of the aforesaid services relating to the custom design and development of computer hardware and software except as relating to medical research or medical clinical trials and none of the foregoing for in vitro diagnostics, detection of contaminants, infectious disease surveillance, disease prevention and control, and/or antimicrobial stewardship.