The trademark OTTO was filed by Otto (GmbH & Co KG), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 12, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 10, 2023 by Laboratório Edol-Produtos Farmacêuticos, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Romão, Filipa and its proceedings were handled in English The second opposition filed on January 4, 2023 by SC PASTEUR FILIALA FILIPESTI SA on Likelihood of confusion. the opponent was represented by Borlan, Radu and its proceedings were handled in English
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
Furbishing preparations
Soap
Perfumery
Ethereal oils
Cosmetics
Hair lotions
Dentifrices.
The mark was filed in class 5 with following description of goods:
Medical preparations
Pharmaceuticals
Sanitary preparations for medical purposes
Dietary supplements for human beings
Dietetic foodstuffs and preparations adapted for medical use
Plasters, materials for dressings
Dressings, medical
Disinfectants
All the aforementioned goods except for the area of otorhinolaryngology
All the aforementioned goods except for the field of veterinary medicine.
The mark was filed in class 8 with Hand-operated packaging, mixing and filling apparatus for medicines and standard pharmacy goods, included in class 8 and all the aforementioned goods except for the field of veterinary medicine..
The mark was filed in class 9 with following description of goods:
Scientific apparatus, Scientific instruments, Electric apparatus, Electric instruments, Electronic apparatus, Electronic instruments, Photographic apparatus, Photographic instruments, Weighing apparatus and instruments, Measuring apparatus and instruments, Signalling apparatus and instruments, Inspecting apparatus and instruments, Teaching apparatus and instruments, Lifesaving apparatus and instruments, The aforesaid goods included in class 9, namely, For laboratory use, For pharmacy purposes, for drugstore purposes
Data processing equipment and computers, in particular for use in the preparation, packaging, dispensing and analysis of pharmaceutical products and other standard pharmaceutical goods
Computers peripheral devices, computer programs, computer software, in particular for equipping pharmacies, laboratories and medical practices
Computer programs being recorded on data carriers
Apparatus for recording, transmission or reproduction of sound or images
Phonograph records, video cassettes, compact discs (read-only memory)
Compact discs [audio-video]
DVDs
Magnetic data media
All the aforementioned goods except for the field of veterinary medicine.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Telemedicine apparatus, Telemedicine devices
Gloves for medical purposes
Physical exercise apparatus for medical purposes
Thermometers for medical purposes
All the aforementioned goods except for the field of veterinary medicine.
The mark was filed in class 11 with following description of goods:
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Hot water bottles
Filters for drinking water
Water filtering apparatus
Water purifying apparatus and machines
Water softening apparatus and installations
Water sterilizers
Distillation apparatus
Humidifiers for central heating radiators.
The mark was filed in class 16 with following description of goods:
Packages, made of the follwing materials: Paper or Cardboard, as far as the aforesaid goods are included in class 16, Especially, for use in relation to the following goods: Medicaments, Other pharmaceutical goods, other standard pharmaceutical goods
Signboards of paper or cardboard
Instructional and teaching material (except apparatus)
All the aforementioned goods except for the field of veterinary medicine.
The mark was filed in class 20 with Bedding articles, Healthcare beds, Mattresses, Mattress fabrics, health mattresses.
The mark was filed in class 21 with following description of goods:
Hoppers, Brushes and Paintbrushes, Other than for painting
Toothbrushes, including electric toothbrushes
Combs and sponges
Shaving brushes
Cosmetic instruments (included in class 21)
Household or kitchen utensils and containers
Glassware, porcelain and earthenware (included in Class 21)
Packaging of glass, The aforesaid goods included in class 21, for use in relation to the following goods: Medications, Other pharmaceutical goods, other standard pharmaceutical goods
Cloths of non-woven textile fabric for cleaning spectacles
Signboards of porcelain or glass
Gloves for household purposes and polishing gloves of rubber and rubber substitutes
Ointment containers of glass
Glass flasks [containers]
All the aforementioned goods except for the field of veterinary medicine.
The mark was filed in class 35 with following description of goods:
Providing of an online marketplace or an online platform, for others, offering goods for sale and/or services relating to health matters
Retail services, On-line retailing, in relation to the following goods: Bleaching preparations and other substances for laundry use, Furbishing preparations, Soaps, Perfumery, Essential oils, Cosmetics, Hair lotions
Retail services and On-line retailing, in relation to the following goods: Dentifrices, medicated preparations, pharmaceuticals, Sanitary preparations for medical purposes, Food supplements for human beings, Dietary food and preparations adapted for medical use, Plasters, Materials for dressings, Disinfectants, Hand-operated packaging, mixing and filling apparatus for medicines and standard pharmacy goods
Retail services and On-line retailing, in relation to the following goods: Scientific apparatus, Scientific instruments, Electric measuring, Electric instruments, Electronic media apparatus, electronic instrumentation, Photographic apparatus, Photographic instruments, Weighing apparatus and instruments, Measuring apparatus and instruments, signaling apparatus and instruments, Checking (supervision) apparatus and instruments, Teaching apparatus and instruments, life- saving apparatus and instruments, Namely of, For laboratory purposes, For pharmacy purposes, for drugstore purposes, Optical instruments, Namely spectacles, Sunglasses, correction spectacles, Frames for glasses, Spectacle lenses, contact lenses, Eyeglass cases, Spectacle cases
Retailing and online retailing relating to data processing apparatus and computers, in particular for use in the fields of packaging, dispensing and analysis of pharmaceutical goods and other standard pharmaceutical goods, computer peripheral devices, computer programs, computer software, in particular for equipping pharmacies, chemists, laboratories and medical practices
Retail services and On-line retailing, in relation to the following goods: Computer programs recorded on data carriers, Apparatus for recording, transmission or reproduction of sound or images, Recording discs, videocassettes, Compact discs (read-only memory), Compact discs (audio-video), DVDs, Magnetic data carriers, Surgical, medical, dental and veterinary instruments and apparatus, Telemedical apparatus and devices, Gloves for medical use
Retail services and On-line retailing, in relation to the following goods: Physical exercise apparatus, for medical purposes, Thermometers for medical purposes, Apparatus for lighting, heating, steam generating, refrigerating, drying, ventilating, water supply and sanitary purposes, Hot-water bottles, Filters for drinking water, Water filtering apparatus, Water purifying apparatus and machines, Water softening apparatus and installations, Water sterilisers, Distillation apparatus
Retail services and On-line retailing, in relation to the following goods: Humidifiers for central heating radiators, Printed matter, Books, journals, magazines, Newspapers, catalogs, Prospectuses, brochures
Retail services and On-line retailing, in relation to the following goods: Office requisites (except furniture), Paper handkerchiefs, packages, Made from the following materials: Paper or Cardboard, in particular, for use in relation to the following goods: Medicaments, Other pharmaceutical goods, other standard pharmaceutical goods, Signboards of paper or cardboard, Instructional and teaching material (other than apparatus), bedding articles, Beds for invalids, Mattresses, Mattress fabrics
Retail services and On-line retailing, in relation to the following goods: Health mattresses, hoppers, Brushes (other than for painting)
Retail services and On-line retailing, in relation to the following goods: Toothbrushes, Electric toothbrushes, Combs and spongers, Shaving brushes, Implements for cosmetic purposes, Household or kitchen utensils and containers, Glassware, Articles of porcelain and earthware, packages, Made from the following materials: Glass, for use in relation to the following goods: Medicaments or Other pharmaceutical goods, other standard pharmaceutical goods, Cloths of non-woven textile fabric for cleaning spectacles, Signs of porcelain or glass
Retail services and On-line retailing, in relation to the following goods: Gloves for household purposes, Polishing gloves, Made from the following materials: Gums and Substitutes for gum, Ointment containers of glass, Glass flasks (containers)
Business consultancy and professional business consultancy, in particular for pharmacies, chemists, doctors' practices, clinics and dispatch centres
Arranging contracts for the buying and selling of goods and the provision of services, for others
Information on professional business matters on the Internet
Business management and business administration, for others, in particular for pharmacies, chemists' shops, medical practices, hospitals, dispatch centres
Business organization consultancy
Sales promotion for others
Market research
Arranging of commercial transactions, for others, includng within the framework of e-commerce
Arranging of trading and economical contacts, also over the Internet
Procurement services for others [purchasing goods and services for other businesses]
Price comparison services for goods and services
Cost price analysis
Drawing up of statement of accounts (office functions)
Administrative processing of purchase orders
Invoicing, payment monitoring and dunning, for others (office functions)
Accounting for electronic order systems
Data acquisition (office functions) for the placing of orders, and for the submission, management and billing of electronic prescriptions
Advertising, including via the Internet
Television advertising
Radio advertising
Advertising by mail order
Dissemination of advertising matter
Online advertising on a computer network
Rental of advertising time on communication media
Rental of advertising material and advertising space, including on the internet
Attracting customers and customer care by means of mail advertising (mailings)
Demonstration of goods
The bringing together, for the benefit of others, of a variety of goods, The aforesaid services, in relation to the following goods: Soaps, Perfumery, Cosmetic skin-care creams, Essential oils, Cosmetics, Hair lotions, Dentifrices, Washing machine, Dishwashers, Vaacum cleaners, Electric fruit squeezers for household purposes, Food processors (electric), Blenders, electric, for household purposes, Electric steam cleaners, Irons (Flat -), electric, Sewing machines, Hand tools and instruments (hand operated), Cutlery, Apparatus for recording, transmission or reproduction of sound or images, Calculating machines, video game software, Navigation apparatus for vehicles (onboard computers), Notebook computers, Computers, computer monitors, Mice (data processing equipment), Television sets, Compact discs, DVDs, DVD and video players, DVD and video recorders, MP3-players, Docking stations for connecting electronic devices to data cables and power supply units, chargers for electronic accumulators, Speakers, Cabinets for loudspeakers, Headphones, Chargers, Radios, Radio alarm clock, Vehicle radios, Remote control units, Digital camera, Photographic apparatus, Video cameras, Digital receivers, Digital picture frames, Mobile telephones, Telephones, Eyeglasses, sunglasses, Eyeglass cases, Apparatus for lighting, heating, steam generating, cooking, drying, ventilating, water supply and sanitary purposes, Electric lights, Laundry dryers, electric, Freezer cabinets, Freezers, ice boxes, Refrigeration cabinets, fridge freezers, Electric apparatus for cooking, kitchen ranges [ovens], Boiling tops, Heating apparatus, electric, Electric blankets, not for medical purposes, Heated cushions (not for medical purposes), Heating apparatus, Ovens, Coffee machines, electric, Water boilers, Microwave ovens, toasters, Roasting apparatus, Climate-controlled and temperature-controlled wine cabinets, Kitchenettes, Namely mini-ovens/microwave ovens comprising integrated cooking rings, jeweler goods, Jewellery, Clocks and Chronometric instruments, Jewellery cases (caskets) not of precious metal, Paper and stationery, Cardboard, Office requisites (except furniture), Printed matter, catalogs, Photographs, Posters, Stationery, pictures, framed or unframed paintings (pictures), Bookends, wrapping materials made of card, Sacks, bags and packaging foils of paper of plastic, Trunks and travelling bags, Bags, Key cases, Rucksacks, Wallets, Purses, not of precious metal, Umbrellas, Parasols, canes, Furniture, Mirrors (looking glasses), Picture frames, Beds, Bedding (except linen), Flower-stands [furniture], Bookends, Bins of wood or plastic, Coatstands, Curtain rods, Wickerwork, Mattresses, screen hung furniture, Umbrella stands, Keyboards for hanging keys, Mirror tiles, Chests for toys, Statues of wood, wax, plaster or plastics, Wall decorations of wax, Wall decorations of wood, Magazine racks, Newspaper display stands, Household or kitchen utensils and containers (not of precious metal or coated therewith), Combs and Sponges, Brushes (other than paint brushes), Articles for cleaning purposes, Crockery, glassware, porcelain and earthenware, textiles and textile products, Bed and table cloths, cushion covers, Pillow cases, Coverings for furniture, travellers' rugs, quilted blankets [bedding], Bedlinen, Shower curtains of textiles or plastic material, Curtains of textile or plastic, Household linen, house ware, Ticks (mattress covers), Mattress covers of cloth, Placemats, Not of paper, Namely of, Place mats, Blinds of textile, net curtains, Coverings for furniture, Quilts, Seat and sofa cushions, Towels of textile, Ready-made clothing, Footwear, Headgear, Lace and embroidery, Ribbons and Braid, buttons, Hook and eyes and eyes, Needles, Artificial flowers, Hair ornaments, False hair, Mats, Carpet underlay, Rugs, Bath mats, Floorcoverings for existing floors, Linoleum for use on floors, Foot mats, Wall hangings, games, Toys and playtings, video game apparatus, Gymnastic and sporting articles, Decorations for Christmas trees, The aforesaid services, enabling customers to conveniently compare and purchase those goods
Distribution of samples
Distribution, in relation to the following fields: Publicity material, in particular, Flyers, Prospectuses, Printed matter, Samples, Posters, Magazines, Stationery, writing instruments, Decorative articles, Playthings
All the aforementioned services except for the field of veterinary medicine.
The mark was filed in class 44 with following description of goods:
Medical services, Animal healthcare services, in relation to the following fields: Basic care, special care
Preventative medical services (prevention)
Medical treatments
Outpatient medical treatment
Emergency medical treatment
Medical consultancy and treatment, Including with aid of using telemedical technologies and equipment
Services, in relation to the following fields: Conventional medicine, Telemedicine
Medical services
Health counselling
Dietetic advisory services
Patient advisory services and Patient support
Patient counselling and support through the whole duration of treatment
Patient counselling and support through the whole duration of recovery after illness or accident
Medical analysis and diagnosis in connection with the treatment of individuals
Monitoring or telemedical monitoring of patients and their physical functions
Operating of medical practices, including operating mobile medical practices
Conducting of patient visits
Operating of general practices
Health center
Medical assistance
Remote medical counselling
Medical support and remote treatment via pharmacies
Operation of a medical emergency alert service
Operation of a medical network
Transfer of patients to general medical practitioners, general practitioners, specialists, doctors' networks and/or hospitals
Transfer of patients to nursing organisations, nursing homes and/or rehabilitation centres after medical treatment and/or hospitalisation
Arranging of doctors' visits and transfers of patients to others
Schedule management in connection with doctors' visits
Arranging of medical examinations and treatments, Conducting of medical examinations, Medical treatment services
Arranging and conducting of ultrasound examinations, x-ray examinations, laboratory testing, physical examinations, psychological examinations, special medical examinations and/or surgical or other medical or procedures relating to health
Medical assessment of laboratory tests
The preparation of prescriptions
Providing of interactive information, online from computer databases or provided via the internet, relating to medicine, telemedicine and health matters
All the aforementioned services except for the field of veterinary medicine.