The trademark ASKLEPIOS was filed by Asklepios Kliniken GmbH & Co. KGaA, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 17, 2022, and received one opposition filed on October 16, 2022 by AVILES MORRONDO, JUAN CARLOS on Likelihood of confusion. the opponent was represented by MOLERO PATENTES Y MARCAS S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 16, 2022
The application was filed in German, and German 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:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Soap
Perfumery, essential oils
Cosmetics and hair lotions
Dentifrices.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic preparations adapted for medical use
Food for babies
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying noxious animals
Fungicides, herbicides.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, sound carriers, Compact discs
Coin-operated mechanisms
Cash registers, calculating machines and data processing equipment and computers
Fire extinguishers
Computer programs for managing data from patients and medical equipment and apparatus
Electronic data carriers, transponders, readers for reading data recorded on a transponder
Dashboards (electronic notice boards) for displaying the current condition of patients, treatment rooms, room equipment, and the availability and location of medical apparatus and devices
RFID (radio frequency identification) tags, in particular for identifying, locating and legalising medical devices and apparatus and for identifying patients.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials.
The mark was filed in class 16 with following description of goods:
Boxes made of cardboard
Printed matter
Photographs [printed]
Stationery
Office requisites, except furniture
Instructional and teaching material (except apparatus)
Plastic materials for packaging, included in Class 16.
The mark was filed in class 24 with Textiles and textile goods, included in class 24 and Bed and table covers..
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Fruit, preserved
Vegetables, preserved
Frozen fruits
Frozen vegetables
Dried fruit
Vegetables, dried
Cooked fruits
Vegetables, cooked
Jellies for food
Jams
Compotes
Eggs
Milk
Cheese
Yoghurt
Milk products.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Artificial coffee
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Cereal preparations
Bread
Pastries
Confectionery
Chocolate
Ice cream
Sherbets [sorbets]
Edible ices
Sugar
Honey
Golden syrup
Yeast
Baking powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar
Sauces
Other seasoning
Ice [frozen water]
Sandwiches.
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Administrative processing of contracts of all kinds, Asset and home ownership associations (office functions)
Retail and wholesale services, Including by mail order, in relation to the following goods: Bleaching preparations and other substances for laundry use, Preparations to clean, polish, degrease and abrade, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions, Dentifrices, Pharmaceutical and veterinary preparations, Sanitary preparations for medical purposes, Dietetic substances adapted for medical use, food for babies, Plasters, materials for bandaging, preparations for stopping teeth, dental wax, Disinfectants, preparations for destroying vermin, Fungicides, Herbicides, Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, Apparatus and instruments for conducting, switching, transforming accumulating, regulating or controlling electricity, Apparatus for recording, transmission or reproduction of sound or images, Magnetic data carriers, Sound carriers, Compact discs, Automatic vending machines and mechanisms for coin-operated apparatus, Cash registers, calculating machines, data processing equipment and computers, Fire extinguishers, Computer programs for managing data from patients and medical equipment and apparatus, Electronic data carriers, Transponders, Readers for reading data stored on a transponder, dashboards (electronic notice boards) for displaying the current condition of patients, treatment rooms, room equipment, and the availability and location of medical apparatus and devices, RFID (radio frequency identification) labels, in particular for the identification, localisation and legalisation of medical devices and apparatus and for the identification of patients, Surgical, medical, dental and veterinary instruments and apparatus, Artificial limbs, eye and teeth, Orthopedic articles, Suture materials, paperboard boxes, Printed matter, Photographs, Stationery, Office requisites (except furniture), Instructional and teaching material (other than apparatus), Materials for packaging, Made from the following materials: plastic, textiles and textile products, Bed and table cloths, Ready-made clothing, Footwear, Headgear, Meat, fish, poultry, game, meat extracts, Preserved fruits, Preserved vegetables, Frozen fruits, Frozen vegetables, Dried fruit, Dried vegetables, Cooked fruits, Cooked vegetables, Jellies, jams, compotes, eggs, Milks, Cheese, Yogurt, Milk products, Coffee, tea, cocoa, coffee substitutes, Rice, pasta, noodles, Tapioca, sago, Flour, Preparations made from cereals, bread, Pastries, Confectionary, Chocolate, ice creams, sherbets, Ices, sugar, honey, treacle, yeast, baking-powder, Salt, condiments, spices, preserved herbs, Vinegar, sauces, Other seasoning, Ice (frozen water), Sandwiches, Mineral and aerated waters and other non-alcoholic drinks, Fruit beverages and fruit juices, syrups and other preparations for making beverages
Compilation of statistics by means of processing data in computer databases, updating, maintenance and systemisation of information into computer databases for exchanging patient-orientated documents and information, including data regarding devices required for patient care and the location thereof
Organisation of treatment and management processes in clinics and doctors' practices, via computer networks
Professional business and organisational consultancy for doctors, hospitals, and other in-patient and out-patient service providers
Accounting for health insurance companies (office functions).
The mark was filed in class 36 with following description of goods:
Insurance underwriting, in particular health insurance, and brokerage of health insurance and insurance and building loan agreements of all kinds
Mergers and acquisitions, namely financial consultancy with regard to the purchase or sale of companies and company shares
Mutual funds
Financial management
Issuing of financial investments, in particular stocks, securities, fund shares in the form of financial services provided by a financial service provider
Finance services
Monetary affairs
Real estate affairs
Preparation of financial reports for the insurance industry
Financial structuring of new insurance products.
The mark was filed in class 38 with Telecommunication services and Providing access to portals on the Internet..
The mark was filed in class 39 with following description of goods:
Transport
Ambulance transport
Rescue services (salvaging and transport)
Packaging and storage of goods
Arranging of transportation for travel tours.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design, development and rental of computer hardware and software, in particular for identifying and locating patients and medical devices and apparatus, and for IT-supported communications and IT-supported transmission of information in and between hospitals, care facilities and doctors' surgeries
Installation and maintenance of network systems (software), Configuring computer networks by means of software
Providing platforms on the Internet.
The mark was filed in class 43 with Providing of food and drink and temporary accommodation.
The mark was filed in class 44 with Services, Especially Patient care by means of computer-aided communications and computer-aided information transmission, patient care, including the identification of patients and the identification and location of medical equipment and apparatus using RFID (radio frequency identification) technology.