The trademark CLARIANE was filed by KORIAN, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 18, 2022, and received one opposition filed on August 17, 2022 by CLARO S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 17, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
The mark was filed in class 35 with following description of goods:
Market research
Commercial management of real estate projects
Compilation of information into computer databases
Compilation of statistics
Business management assistance
Hospital management
Administrative management of hospitals
Compilation of computer databases
Home nursing aid for elderly and/or frail persons and/or patients, namely looking for a doctor or nurse to make appointments (administrative services).
The mark was filed in class 36 with following description of goods:
Real estate affairs
Real estate management
Building management
Room hire
Rent collection
Pension payments
Banking
Finance services
Investment of capital in start-up businesses, in relation to the following fields: Information technology and health
Direct or indirect participation in start-ups, in relation to the following fields: Information technology and health
Equity investment in start-ups, in relation to the following fields: Information technology and health.
The mark was filed in class 37 with Building of retirement homes, follow-up care and rehabilitation clinics, psychiatric clinics, service residences, collocation residences and health establishments and consultancy services, in relation to the following fields: Building of retirement homes, follow-up care and rehabilitation clinics, psychiatric clinics, service residences, collocation residences and health establishments..
The mark was filed in class 38 with Telecare for elderly and/or fragile people and/or patients, Specifically: Communications by telephone and Online communications.
The mark was filed in class 39 with following description of goods:
Arranging of excursions, Chaperoning of elderly people and/or patients in transport
Escorting of patients during transportation
Accompanying disabled people by means of transport
Provision of transport for the elderly by road, Providing of means of road transport for the elderly, the sick and the disabled
Chauffeur services
Information services on the day-to-day management of day-to-day life for elderly and/or frail persons and/or patients, in relation to the following fields: Travel, Transport
All the aforesaid services being offered via mobile applications.
The mark was filed in class 41 with following description of goods:
Entertainment for the elderly or vulnerable or Entertainment for patients
Sporting activities for the elderly or vulnerable or Sporting and cultural activities for patients
Arranging and conducting of colloquiums, conferences, seminars, congresses and working groups, in relation to the following fields: Medical care for elderly or frail persons, health, Nutrition, Better living together and ageing well
Providing of sporting facilities and recreation facilities and fitness facilities for the elderly or vulnerable and/or Providing of sports, recreational and fitness facilities for patients
Organisation of exhibitions for cultural and educational purposes
Arranging and conducting of workshops [training]
Organisation of competitions (entertainment)
Publication of educational literature
Publication of scientific research
Publication of results of scientific and technical research
Vocational skills training
Providing of training in the fields of healthcare, healthy ageing and nutrition
Advice relating to medical training
Film production, other than advertising films
Photography
Organisation of training programmes within companies
Schools for providing of training for staff in healthcare establishments and assisted-living residences, Training schools for clinic staff
Information relating to the personal well-being of elderly and/or frail people (healthcare)
Information services relating to nutrition
Information services on the daily management of day-to-day life for the elderly and/or the sick in the fields of training, education, leisure.
The mark was filed in class 43 with following description of goods:
Temporary accommodation for the elderly or the sick or Temporary accommodation for patients
Reservation of temporary accommodation for the elderly or the sick or Temporary accommodation reservations for patients
Retirement home services
Temporary accommodation in care facilities
Temporary accommodation in rehabilitation centres
Temporary accommodation in specialised care homes
Food and drink catering
Cafeterias
Cafés
Canteens
Food and drink catering
Bar services
Preparation of meals
Providing of accommodation delivering services for assisting the elderly or vulnerable or Providing assisted living facilities for patients
Providing of meals and of beverages (providing food and drink).
The mark was filed in class 44 with following description of goods:
Services for the provision of medical facilities
Healthcare establishments
Nursing hostels
Hospital and medical clinic services
Long-term care unit
Medical services, Surgical services, Curative services and palliative services
Hospital services
Consulting services, in relation to the following fields: Medical health care and Surgical treatments
Consultancy services relating to health matters
Medical assistance
Medical health care and Surgical treatments
Consultations and monitoring for the sick, Medical nursing
Paramedical care
Outpatient care
Pharmaceutical services
Medical clinic services
Nursing home services
Rest homes
Rest homes
Care facilities for the elderly or vulnerable
Providing care facilities for long and short stays
Care facilities and clinics for rehabilitation and follow-up care
Therapy services
Psychiatric clinics
Physical rehabilitation
Medical services, in particular: Development of personalised physical rehabilitation programmes
Nutrition and health advice for aging well
Providing of information relating to health
Providing of infrastructures for conducting exercises in the context of medical rehabilitation for the elderly or vulnerable and/or Providing of exercise facilities for health rehabilitation purposes for patients
Music therapy
Occupational therapy
Psychology for the elderly or vulnerable and/or Psychological services for patients
Nursing auxiliaries for home care
Medical services, in particular: Home medical care
Provision of health care services in domestic homes
Home-visit nursing care
Medical equipment rental
Alternative medicine for the elderly or vulnerable and/or Alternative medicine for patients
Non-medicated therapy [the INPI might ask us to list the therapies concerned], hairdressing services for elderly or frail persons and/or patients
Beauty salons for the elderly or vulnerable and/or Beauty salon services for patients
Manicuring for the elderly or vulnerable and/or Manicure services for patients
Pedicure for the elderly or vulnerable and/or Pedicure services for patients
Massage for the elderly or vulnerable and/or Massage services for patients
Emergency medical assistance
Remote location of patients and elderly or frail persons, Herunder for medicine
Providing health information, in particular: Communications and Prevention, in relation to the following fields: Health and wellness
Motor rehabilitation
Tuition in physical fitness, Especially, Gentle gymnastics classes
Psychomotor services
Rehabilitation for alcohol-dependent patients
Home nursing aid for elderly and/or frail persons and/or patients, in particular Personal assistance with day-to-day life, in particular Help getting up, help with meals, Toilet assistance
Home nursing aid for elderly and/or frail persons and/or patients, in particular: Home assistance following hospitalisation, delivery of prescribed medicines, transport to the hospital
Telemedicine services
Nursing care for elderly people and/or the sick
Providing health information, in particular: Communications, in relation to the following fields: Fitness club services and Rehabilitation
Information services on the day-to-day management of day-to-day life for elderly and/or frail persons and/or patients, in relation to the following fields: Medicine, therapeutic care, Care and Hygiene
Providing of information online in the field of healthcare from a computer database or the internet.
The mark was filed in class 45 with following description of goods:
Concierge service on behalf of elderly and/or frail persons and/or patients including support in administrative procedures and appointment management
Chaperoning, in particular Support in day-to-day life for elderly, and/or for frail persons, and/or for patients to travel and to accompany them in their travels
Security guard services
Physical security consultancy
Information, advice, services and assistance relating to the security of property and individuals, Mediation.