018677260

WELLNOW

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March 23, 2022

Trademark Summary

The trademark WELLNOW was filed by Physitrack PLC, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on May 5, 2022, and received one opposition filed on August 7, 2022 by Sky UK Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MISHCON DE REYA IP B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 7, 2022

The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on March 23, 2023.

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Apparatus for recording, transmitting and reproducing sound and/or images
  2. Apparatus for data processing
  3. Computer software
  4. Electronic and digital publications, on data carriers or otherwise
  5. Video and sound recording carriers
  6. Apparatus for recording, transmitting and reproducing sound or images
  7. Data processing apparatus
  8. Software
  9. Electronic and digital publications, on carriers or not
  10. Sound and/or image media
  11. Computer software and mobile software
  12. Downloadable software in the nature of a mobile application for use with computers, portable handheld digital electronic devices, and wired and wireless communication devices software for accessing on a global computer network
  13. Communication software
  14. Downloadable computer software for enabling the storage, retrieval and transmission of images, audio and video content
  15. Downloadable computer software for enabling the storage, retrieval and transmission of text, data and information
  16. Computer and mobile software relating to the medical field
  17. Computer software applications and downloadable software applications for medical, healthcare and general well-being applications
  18. Software applications for electronic appointment booking processing
  19. The aforesaid goods being provided in connection with monitoring, support and remote control of operational care processes and in particular for promoting communication between suppliers and care users.
• The mark was filed in class 35 with following description of goods:
  
  1. Establishing and managing databases and other office functions, including for storing, processing, sharing, searching for, downloading and providing of data and information
  2. Classification of data and information
  3. Rental of advertising space
  4. Organization of fairs and exhibitions for commercial or advertising purposes
  5. Business mediation and consultancy in the purchase and sale (whether or not via the internet) and import and export of apparatus for recording, transmission or reproduction of sound and/or images, data processing equipment, software, electronic and digital publications, whether or not recorded, image and/or sound carriers
  6. Setting up and managing databases and other administrative services in particular for the storage, processing, sharing, research, downloading and providing of data and information
  7. The aforesaid services also relating to retail and wholesale services
  8. Including the aforesaid services in the context of remotely monitoring, supporting and controlling operational care processes and including for promoting communication between suppliers and consumers of care
  9. Including the aforesaid services provided via the internet, cable network or other forms of data transfer.
• The mark was filed in class 38 with following description of goods:
  
  1. Telecommunications
  2. Providing access to the internet, cable network or other forms of data transfer
  3. Providing digital communication services
  4. Providing interactive communication via the internet, cable network or other forms of data transfer
  5. Digital and electronic transmission of sound, text and/or images
  6. Rental of access time to a computer database
  7. Data communication services
  8. Data transfer services
  9. Audio-visual communication services
  10. Information transmission via electronic communications networks
  11. Interactive communication services
  12. Online communication services
  13. Offline communication services between the online services
  14. Provision of access to a network of physiotherapists via an online platform and or physically via an online platform
  15. Including the aforesaid services in the context of storing, processing, sharing, searching for, downloading and providing data and information
  16. Including the aforesaid services in the context of remotely monitoring, supporting and controlling operational care processes and including for promoting communication between suppliers and consumers of care
  17. Including the aforesaid services provided via the internet, cable network or other forms of data transfer
  18. Providing access to platforms and portals on the internet
  19. Telecommunication services provided via platforms and portals on the internet and other media
  20. All the aforesaid services being provided in connection with delivering, facilitating, monitoring, supporting and/or remote control of care, wellness, therapy and other health-related services and processes, including promoting communication between suppliers and users/patients.
• The mark was filed in class 41 with following description of goods:
  
  1. Medical education services
  2. Consultancy relating to physical fitness training
  3. Training services relating to occupational health
  4. Provision of information relating to physical exercises via an online web site
  5. Conducting training sessions on physical fitness online
  6. Providing of training on how to use computers and hand held devices in order to remove any cause of pain and/or repetitive strain injury.
• The mark was filed in class 44 with following description of goods:
  
  1. Rehabilitation
  2. Preventative medicine
  3. Health-care services
  4. Services rendered by a dietician
  5. Information on food and diet
  6. Providing of information and consultancy relating to the aforesaid services
  7. Including the aforesaid services in the context of remotely monitoring, supporting and controlling operational care processes and including for promoting communication between suppliers and consumers of care
  8. Including the aforesaid services provided via the internet, cable network or other forms of data transfer
  9. Services of physiotherapists and other therapists
  10. Health care services, also in the context of the prevention of diseases
  11. Medical services
  12. Dietitian services
  13. Food and dietary information
  14. Inquiries, consulting and information concerning the aforesaid services
  15. The aforesaid services provided in connection with monitoring, support remote control and operational care processes and in particular for promoting communication between suppliers and care users
  16. All the aforesaid services also provided via the internet, the cable network or other forms of data transfer
  17. Musculoskeletal therapy, treatment and management services
  18. Advisory services relating to medical services
  19. Clinic services (medical-)
  20. Clinics
  21. Health advice and information services
  22. Health care
  23. Consultancy relating to health care
  24. Health care consultancy services [medical]
  25. Health clinic services [medical]
  26. Health care relating to physiotherapy
  27. Health care services offered through a network of health care providers
  28. Health care relating to acupuncture
  29. Health care relating to osteopathy
  30. Health care relating to relaxation therapy
  31. Health care relating to remedial exercise
  32. Health care relating to therapeutic massage
  33. Health care services
  34. Physical rehabilitation
  35. Physical therapy
  36. Physical therapy services
  37. Physiotherapy
  38. Physiotherapy services
  39. Providing health care information via a global computer network
  40. Occupational health therapy services
  41. Occupational physiotherapy services
  42. Treatment and management of musculoskeletal injuries
  43. Compilation of medical reports
  44. Conducting of medical examinations
  45. Medical consultations
  46. Medical testing services, namely, fitness evaluation
  47. Medical treatment services
  48. Medical treatment services provided by clinics and hospitals
  49. Conducting of psychological assessments and examination
  50. Provision of information relating to medical practitioners
  51. Provision of information relating to medical specialists
  52. Provision of information relating to medicine
  53. Provision of medical assistance
  54. Provision of medical information
  55. Provision of medical services
  56. Provision of medical treatment
  57. Provision of physiotherapy and physical therapy via the internet
  58. Therapeutic treatment of the body
  59. Telemedicine in relation to physiotherapy, physical therapy and other related health care services
  60. Health risk assessment
  61. Health assessment
  62. Health assessment surveys
  63. Health information and advisory services including occupational health and advisory services
  64. Biomechanical assessment
  65. Orthotic assessment
  66. Cholesterol testing
  67. Chiropractic services
  68. Chiropractitioner services
  69. Chiropractics
  70. Advisory services relating to health
  71. Therapy services
  72. Sports massage therapy
  73. Osteopathy
  74. Electro therapy services for physiotherapy
  75. Acupuncture
  76. Acupuncture services
  77. Acupressure therapy
  78. Counselling relating to the psychological relief of medical ailments
  79. Counselling relating to the psychological treatment of medical ailments
  80. Counselling relating to the social treatment of medical ailments
  81. Mental health services
  82. Stress management services
  83. Massage services
  84. Massage
  85. Sports massage
  86. Reflexology
  87. Reflexology services
  88. Foot massage services
  89. Hot stone massage
  90. Meditation services
  91. Reiki services
  92. Psychological examination
  93. Psychological counselling
  94. Psychological consultation
  95. Psychological testing
  96. Psychological diagnosis services
  97. Physcological health treatment
  98. Mental health treatment
  99. Dietic advisory services
  100. Hygienic and beauty care
  101. Health and beauty care for humans
  102. Hygiene and beauty care for humans
  103. Wellness (health) services
  104. Provision of wellness information and guidance
  105. Advice in relation to wellness
  106. Well-being (health) services
  107. Provision of well-being information and guidance
  108. Advice in relation to well-being
  109. Emotional well-being (health) services
  110. Provision of emotional well-being information and guidance
  111. Advice in relation to emotional well-being
  112. Physical well-being (health) services
  113. Provision of physical well-being information and guidance
  114. Advice in relation to physical well-being
  115. Mental well-being (health) services
  116. Provision of mental well-being information and guidance
  117. Advice in relation to mental well-being.
• The mark was filed in class 45 with following description of goods:
  
  1. Consultancy in the field of workplace health and safety
  2. Advice in relation to occupational health
  3. Information services relating to health and safety.