The trademark Medical Care Hero was filed by Hamburg White Bird Invest UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 17, 2022, and received one opposition filed on January 31, 2023 by Institut Allergosan pharmazeutische Produkte Forschungs- und Vertriebs GmbH on Likelihood of confusion. the opponent was represented by Hödl, Isabella and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 31, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 8, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Software for a human resources management system
Software for databases in relation to the following fields: Personnel resources management, leadership, Administration, tracking, monitoring, automation and assessment of processes relating to staffing, recruitment of personnel, recruitment, retention of employees, logistics management and logistics planning relating to the current workforce and decision support relating thereto
Computer-readable databases containing information in relation to the following fields: staff, retention and placement, careers, Engagement, Recruitment
Software for use in the following fields: Automating and facilitating the recruitment process, managing and tracking information relating to job applicants, providing employers with tools for employee evaluations and employee surveys, managing online employee applications
Computer hardware and computer software for database management
Computer software and computer hardware to enable searching of data and connection to databases and the Internet
Computer software for application and integration of databases
Computer software for image processing, document management, for printer management, for network transmission and reception, for document creation, for database management and for document and image processing
Electronic databases recorded on computer media
Apparatus, instruments and media for recording, reproducing, carrying, storing, processing, manipulating, transmitting, broadcasting, retrieving and reproducing music, sounds, images, text, signals, software, information, data and code
Audio, video and data recordings
Maps containing encoded or magnetic data for the operation of automatic machines or apparatus, stored on data carriers, including computer programs stored on magnetic media
Storage medium for computers with software stored on it, namely Solid-state drive [SSD], hard disk drives [HDD] duplicators, USB flash drives, Magnetic tapes, Compact discs, Memory cards
Data storage media and Data storage equipment
Recorded media for use with computers
Programmes for data-processing equipment [recorded]
Software (apps).
The mark was filed in class 35 with following description of goods:
Management, Namely of Commercial management, Business management, Outsourced administrative management for companies, Personnel management
Office functions services
Compiling information through interactive means in relation to the following fields: Recruitment, employment, Providing information relating to workplaces and career options, career opportunities and re-entry
Writing of CVs
Personnel selection using psychological methods
Temporary employment services
Dissemination of advertising via on-line electronic communication network to third parties
Forwarding CVs and information between potential employees and potential employers (office functions)
Business consultancy in the field of human resources
Human resources management
Recruitment
Administrative services provided by a human resources department to third parties
Employment agency services
Information services relating to jobs and career opportunities
Advertising
Recruitment services provided by a talent agency [staff agency]
Marketing, advertising and sales promotion
Dissemination of advertising to third parties via an online communication network
Advertising by transmission of online publicity for third parties through electronic communications networks
Promotion, advertising and marketing of on-line websites
Management and marketing consultancy
Arranging of business introductions
Business support and advice on business planning, business analysis, management and organisational services, business organisation
Services in the the following fields: Administration, Management consultancy
Management consultancy in relation to the following fields: Business development
Business investigations, business assessments, business information provided online via a worldwide computer network, a computer database or the Internet
Expert evaluations and reports relating to business matters
Advice on business organisational issues and business management, with and without the help of electronic databases
Advice on business management and development of business processes for the analysis and implementation of strategic plans and management projects
Development of marketing strategies and marketing concepts
Preparation of annual reports
Business management
Business consulting
Management remuneration advice
Advisory and consulting services in the field of human resources
Carrying out assessment centres in the context of staff selection, i.e. assessments of persons in the group or through individual interviews
Conducting of assessment centres in the context of personnel selection, namely assessment of individual employees or applicants through simulation of realistic situations, including simulated sales and management talks, presentations and negotiations in order to determine personal skills and management skills in the fields of social and management competence, problem solving abilities, motivation and attitude, dynamism, personality structure and business competence of the applicant
Personnel selection procedures (for others)
Temporary personnel services
Book-keeping
Radio and television advertising
Selection of executive personnel
Selection of permanent staff
Marketing
Market research
Market analysis
Advice on business organisation and management
Business and management consulting
Drawing up of statistics
Business investigations
Brokering of commercial transactions for third parties and conclusion of commercial transactions for third parties
Arranging contracts for the buying and selling of goods
Organisation of exhibitions and trade fairs for promotional and commercial purposes
Organisation of exhibitions for commercial purposes
Arranging of exhibitions for advertising purposes.
The mark was filed in class 41 with following description of goods:
Teaching
Training
Entertainment services
Sporting and cultural activities
Educational instruction, specifically in relation to the following fields: Recruitment, Employment, Providing information relating to workplaces and career options and curriculum vitae
Career guidance
Training and assessment relating thereto, in relation to the following fields: Personnel recruitment, Recruiting of personnel, Staff engagement, Employment, retention, administration of personnel and talent, further training and preparation of curriculum vitae for employers and applicants
Provision of online information and the provision of news online, in relation to the following fields: Vocational training services
Vocational training services
Information in relation to the following fields: Teaching, Learning, training services, entertainment services, Recreation, sports and Publishing services
Advice on education and training in management and human resources
Education and training in relation to business, industry and information technology
Organisation of educational courses, organisation of lectures, seminars
Computer training
Career guidance and Vocational guidance [education or training advice]
Training of staff in recruitment and retention of staff, human resources and management
Arranging of business conferences and seminars
Training in the use of data processing equipment and in computer programming
Training in the field of software application
Training in the field of design, advertising and communication technologies
Providing of training and education and Teaching in relation to the following fields: telecommunications broadcasting, Television and radio
Development of educational materials and formulation of educational materials.