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 one 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 proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Software
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
Computer software, namely, interactive voice response software with a computer or telephone interface
Electronic docking stations
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.
The mark was filed in class 10 with following description of goods:
Medical devices
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.
The mark was filed in class 35 with following description of goods:
Database management services
Business consulting
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.
The mark was filed in class 41 with following description of goods:
Training
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.
The mark was filed in class 42 with following description of goods:
Providing temporary use of non-downloadable software
Software as a service (SaaS)
Data automation services, namely analyzing, evaluating, collecting and compiling data in the field of clinical trials of medical and clinical diagnostic products
Laboratory services
Design and development of computer software
Application service provider services
Medical research
Scientific research
Hosting of databases
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 non-downloadable 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