018768592

OrthoRegena

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September 26, 2022

Trademark Summary

The trademark OrthoRegena was filed by HTS Health Technology and Services UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 2, 2022, and received one opposition filed on December 15, 2022 by Oy Reagena Ltd on Likelihood of confusion. the opponent was represented by HEINONEN & CO and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2022

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

A transfer of the trademark registration was recorded on October 4, 2023.

The Opposition with reference B 003185712 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 11, 2024 by the EUIPO. The Appeal with reference B R1179/2024-2 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on December 10, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 3 with following description of goods:
  
  1. Essential oil-based creams for aromatherapy use
  2. Hair creams
  3. Aromatherapy creams
  4. Face and body creams
  5. Hand creams
  6. Skin cream
  7. Non-medicated creams
  8. Skin cleansing cream [non-medicated]
  9. Dermatological creams [other than medicated]
  10. Ointments for cosmetic use
  11. Salves [non-medicated]
  12. Body cleaning and beauty care preparations
  13. Skin, eye and nail care preparations
  14. Soaps and gels.
• The mark was filed in class 5 with following description of goods:
  
  1. Dietary supplements and dietetic preparations
  2. Medicated food supplements
  3. Mineral dietary supplements
  4. Dietary supplemental drinks
  5. Nutritional supplements
  6. Antibiotic creams
  7. Medicinal creams for the protection of the skin
  8. Creams for dermatological use
  9. Medicated creams
  10. Skin care creams for medical use
  11. Therapeutic creams [medical]
  12. Creams (Medicated -) for the lips
  13. Creams (Medicated -) for the feet
  14. Pharmaceutical creams
  15. Pain relieving creams
  16. Antibiotic ointments
  17. Antiseptic ointments
  18. Anti-inflammatory ointments
  19. Homeopathic anti-inflammatory ointments
  20. Medicinal ointments
  21. Ointments for pharmaceutical purposes
  22. Dental preparations and articles, and medicated dentifrices
  23. Dental preparations and articles
  24. Dietetic preparations adapted for medical use
  25. Food supplements
  26. Dietetic food preparations adapted for medical use
  27. Dietary and nutritional supplements
  28. Dietary and nutritional preparations
  29. Dietetic beverages adapted for medical purposes
  30. Fish oil for medical purposes
  31. Food supplements in liquid form
  32. Liquid vitamin supplements
  33. Nutraceuticals for use as a dietary supplement
  34. Medicinal drinks
  35. Preparations for use as additives to food for human consumption [medicated]
  36. Medicinal tea
  37. Mineral water salts
  38. Vitamin fortified beverages for medical purposes
  39. Food supplements for non-medical purposes
  40. Herbal supplements
  41. Prebiotic supplements
  42. Vitamin and mineral supplements
  43. Vitamins and vitamin preparations
  44. Pharmaceuticals and natural remedies
  45. Analgesics
  46. Anaesthetics
  47. Allergy medication
  48. Antiarrhythmic agents
  49. Antibacterial acne preparations
  50. Anti-bacterial preparations
  51. Antibiotics
  52. Multi-purpose medicated antibiotic creams
  53. Antidepressants
  54. Anti-diabetic preparations
  55. Antihistamines
  56. Anhidrotics
  57. Anticoagulants
  58. Anticonvulsants
  59. Anti-microbial preparations
  60. Antifungal preparations
  61. Antineoplastics
  62. Antispasmodics
  63. Anti-viral agents
  64. Antitumor drugs
  65. Antitoxins
  66. Medicine
  67. Balms for medical purposes
  68. Chemico-pharmaceutical preparations
  69. Chemical adjuvants for medical purposes
  70. Diuretic preparations
  71. Electrolytes for medical use
  72. Anti-inflammatory gels
  73. Anti-inflammatories
  74. Extracts of medicinal plants
  75. Throat lozenges
  76. Skin care preparations for medical use
  77. Extracts of medicinal herbs
  78. Homeopathic pharmaceuticals
  79. Body creams for pharmaceutical use
  80. Herbal medicine
  81. Laxatives
  82. Local anaesthetics
  83. Medicinal herbs
  84. Medicated lotions
  85. Medicinal oils
  86. Plant extracts for pharmaceutical purposes
  87. Pharmaceutical drugs
  88. Pharmaceuticals
  89. Pharmaceutical implants
  90. Pharmaceutical compositions
  91. Pharmaceutical preparations
  92. Psychotropics.
• The mark was filed in class 9 with following description of goods:
  
  1. Testing apparatus not for medical purposes
  2. Computer software relating to the medical field
  3. Computer software for use in medical decision support systems
  4. Virtual reality software for medical teaching
  5. Connected bracelets [measuring instruments]
  6. Prerecorded fitness DVDs
  7. Software
  8. Software and applications for mobile devices
  9. Downloadable applications for use with mobile devices
  10. Recorded data files
  11. Recorded content
  12. Data sets, recorded or downloadable
  13. Databases (electronic)
  14. Digital recording media
  15. Electronic publications, downloadable.
• The mark was filed in class 10 with following description of goods:
  
  1. Electrically operated massagers
  2. Foot massagers
  3. Manual massage instruments
  4. Scalp massagers
  5. Body massagers
  6. Massage apparatus
  7. Massage chairs
  8. Medical apparatus for the relief of pain
  9. Neck massage apparatus
  10. Orthotic inserts for footwear
  11. Arch supports for footwear
  12. Vertebral orthopedic apparatus
  13. Back massage apparatus
  14. Vibromassage apparatus
  15. Therapeutic apparatus incorporating massaging facilities
  16. Deep heat massage apparatus
  17. Posterior spinal fixation devices for the correction of spinal defects
  18. Physical therapy equipment
  19. Electronic stimulation apparatus for physiotherapy
  20. Treadmills for medical use in physiotherapeutic exercise
  21. Medical instruments for reproducing physiological data
  22. Medical instruments for recording physiological data
  23. Physiological apparatus for medical use
  24. Physiological measuring apparatus for medical use
  25. Physiological monitoring apparatus for medical use
  26. Physiotherapy and rehabilitation equipment
  27. Step-up machines for use in physiotherapy
  28. Mobility aids
  29. Apparatus for use in exercising muscles for medical use
  30. Apparatus for the therapeutic stimulation of the body
  31. Therapeutic and assistive devices adapted for persons with disabilities
  32. Physical exercise apparatus for therapeutic use
  33. Apparatus for achieving physical fitness [for medical use]
  34. Weight training apparatus adapted for medical use
  35. Infrared radiator units for therapeutic purposes
  36. Physical exercise apparatus for medical purposes
  37. Rowing machines for physical exercise [for medical use]
  38. Hot air therapeutic apparatus
  39. Exercise simulating apparatus for medical purposes
  40. Exercise machines for therapeutic purposes
  41. Exercisers [expanders] for medical therapy
  42. Exercising apparatus for medical rehabilitative purposes.
• The mark was filed in class 28 with following description of goods:
  
  1. Sporting and physical exercise equipment
  2. Aerobic step machines
  3. Stress relief balls for hand exercise
  4. Weight lifting benches
  5. Abdominal wheel rollers for fitness purposes
  6. Stomach exercisers
  7. Body-building apparatus [exercise]
  8. Exercise bands
  9. Indoor fitness apparatus
  10. Machines for physical exercises
  11. Apparatus for achieving physical fitness [for non-medical use]
  12. Machines incorporating weights for use in physical exercise
  13. Body training apparatus [exercise]
  14. Exercise treadmills
  15. Manually operated exercise equipment
  16. Manual leg exercisers
  17. Sit up benches
  18. Adhesive abdominal exercise belts, electric, for muscle stimulation
  19. Sports training apparatus
  20. Portable home gymnastic apparatus
  21. Gymnastic and sporting articles
  22. Water bags in the nature of weights for fitness purposes
  23. Slant boards for stretching for fitness purposes.
• The mark was filed in class 35 with following description of goods:
  
  1. Compilation and systemization of information into computer databases
  2. Data processing, systematisation and management
  3. Updating and maintenance of data in computer databases
  4. Automated processing of medical data
  5. Maintaining personal medical history records and files
  6. Computerized management of medical records and files
  7. Compilation of statistical data relating to medical research
  8. Provision of business statistical information relating to medical matters
  9. Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  10. Advisory services relating to electronic data processing.
• The mark was filed in class 38 with following description of goods:
  
  1. Transmission of information relating to pharmaceuticals, medicine and hygiene
  2. Transmission of information and images relating to pharmaceuticals, medicine and hygiene
  3. Providing Internet chatrooms and Internet forums
  4. Providing access to databases in computer networks.
• The mark was filed in class 41 with following description of goods:
  
  1. Education, entertainment and sport services
  2. Education, entertainment and sports
  3. Sports and fitness services
  4. Education and instruction services
  5. Exercise [fitness] training services
  6. Exercise [fitness] advisory services
  7. Physical training services
  8. Tuition in physical fitness
  9. Fitness club services
  10. Health club services [health and fitness training]
  11. Provision of instruction relating to exercise
  12. Consultancy relating to physical fitness training
  13. Physical fitness consultation
  14. Physical fitness centres (Operation of -)
  15. Provision of keep fit facilities
  16. Personal trainer services [fitness training]
  17. Keep fit instruction services
  18. Conducting fitness classes
  19. Provision of educational services relating to exercise
  20. Conducting training sessions on physical fitness online
  21. Provision of information on fitness training via an online portal
  22. Health and fitness training
  23. Virtual physical fitness training services
  24. Provision of information relating to physical training via an online web site
  25. Instruction in circuit training
  26. Training
  27. Provision of training courses
  28. Arranging and conducting of seminars
  29. Arranging and conducting of conferences
  30. Arranging of lectures
  31. Arranging of courses of instruction
  32. Arranging and conducting of workshops [training]
  33. Publishing services
  34. Providing electronic publications
  35. Sports training
  36. Computer assisted physical education services
  37. Sports coaching
  38. Coaching services for sporting activities
  39. Bodywork therapy instruction.
• The mark was filed in class 42 with following description of goods:
  
  1. Computer programming in the medical field
  2. Design and development of computer software for use with medical technology
  3. Writing of computer programs for medical applications
  4. Information technology services for the pharmaceutical and healthcare industries
  5. IT consultancy, advisory and information services
  6. Software as a service [SaaS]
  7. Cloud computing
  8. Providing temporary use of web-based software.
• The mark was filed in class 44 with following description of goods:
  
  1. Fitting of orthopaedic devices
  2. Physician services
  3. Consultancy services relating to orthopaedic implants
  4. Advisory services relating to medical apparatus and instruments
  5. Medical assistance
  6. Dentistry
  7. Medical and healthcare clinics
  8. Conducting of medical examinations
  9. Massage
  10. Medical treatment services
  11. Deep tissue massage
  12. Issuing of medical reports
  13. Medical examination of individuals (Provision of reports relating to the -)
  14. Hygienic care for human beings
  15. Medical services in the field of treatment of chronic pain
  16. Medical and healthcare services
  17. Beauty care for human beings
  18. Sports medicine services
  19. Medical equipment rental
  20. Hiring of medical instruments
  21. Hiring of dental instruments
  22. Medical services
  23. Medical care
  24. Medical testing services, namely, fitness evaluation
  25. Fitness testing
  26. Counseling relating to occupational therapy
  27. Occupational therapy
  28. Occupational therapy and rehabilitation
  29. Physiotherapy
  30. Electro therapy services for physiotherapy
  31. Ambulant medical care
  32. Medical counseling
  33. Advisory services relating to medical instruments
  34. Individual medical counseling services provided to patients
  35. Medical care and analysis services relating to patient treatment
  36. Health counselling
  37. Pharmaceutical services
  38. Human hygiene and beauty care
  39. Providing health information
  40. Professional consultancy relating to health care
  41. Pharmaceutical advice
  42. Therapy services
  43. Information services relating to health care
  44. Medical information services provided via the Internet
  45. Providing information relating to medical services.