The trademark KORIAN was filed by CLARIANE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on February 26, 2020, and received one opposition filed on May 15, 2020 by THE RED KIWI, SL on Likelihood of confusion. the opponent was represented by Espinosa Cuartero, Adelaida and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 15, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 10, 2020. Change of name and address of the trademark registration was recorded on August 8, 2023.
The Opposition with reference B 003121275 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 15, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
The aforesaid products being used in the field of care for the elderly, the sick and/or disabled people.
The mark was filed in class 20 with Furniture and furnishings suitable for the elderly or disabled people and Furniture suitable for the elderly or disabled, with the exception of furniture for medical use..
The mark was filed in class 35 with following description of goods:
Office functions
Administrative services
Marketing studies
Commercial management of real estate projects
Compilation of information into computer databases
Compilation of statistics
Assistance in management of business activities
Hospital management
Compilation of computer databases
The aforesaid services being used in the field of care for the elderly, the sick and/or disabled people.
The mark was filed in class 36 with following description of goods:
Real estate affairs
Real estate management
Apartment house management
Room hire
Financial affairs
Rent collection
Pension payments.
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 Washing, maintenance and bleaching of laundry..
The mark was filed in class 38 with following description of goods:
Electronic network communications
Rental of message sending apparatus
Rental of telecommunication equipment
Rental of telephones.
The mark was filed in class 39 with following description of goods:
Arranging of tours, accompanying the elderly by means of transport
Escorting of patients during transportation
Accompanying disabled people by means of transport
Providing of means of road transport for the elderly, for patients and the disabled
Chauffeur services
Rental of wheelchairs
Information services on the day-to-day management of day-to-day life for the elderly and/or the sick in the fields of travel and transport.
The mark was filed in class 41 with following description of goods:
Entertainment for the elderly or vulnerable
Sporting activities for the elderly or vulnerable
Arranging and conducting of colloquiums, congresses, seminars, conferences, Working groups in the field of medical care for the elderly or vulnerable, health, nutrition, better cohabition and ageing well
Providing of sporting facilities and recreation facilities and fitness facilities for the elderly or vulnerable
Sports camp services
Organisation of exhibitions for cultural and educational purposes
Workshops (Arranging and conducting of -) [training]
Organisation of competitions (entertainment)
Publication of books and texts
Publishing of medical publications
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 health, ageing well and nutrition advice relating to medical training
Film production, other than advertising films
Photography
Publishing of electronic publications
Organisation of training programmes within companies
Schools for providing of training for staff in healthcare establishments and assisted-living residences
Information relating to fitness
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 42 with following description of goods:
Preparation of scientific reports
Scientific research
Research laboratories
Scientific laboratories
Scientific and medical research services
Platform as a service [PaaS] featuring concierge services for the elderly and/or the vulnerable, the aforesaid services being for use in the field of care for the elderly, the vulnerable and/or the disabled.
The mark was filed in class 43 with following description of goods:
Temporary accommodation for the elderly or the sick
Reservation of temporary accommodation for the elderly or the sick
Retirement homes
Serving food and drinks
Cafeterias
Cafés
Canteens
Catering
Bar services
Food preparation services
Providing of accommodation delivering services for assisting the elderly or vulnerable
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
Medical, curative and palliative care
Health care consultancy services [medical]
Medical assistance
Medical services
Pharmaceutical services
Medical clinic services
Nursing home services
Rest homes
Rest homes
Care facilities for the elderly or vulnerable
Providing long-term care facilities
Clinics for rehabilitation and follow-up care
Therapy services
Psychiatric clinics
Physical rehabilitation
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
Music therapy services
Occupational therapy services
Psychology for the elderly or vulnerable
Nursing auxiliaries for home care
Oxygen bar services for the elderly or the sick
Home medical care
Home health care services
Home-visit nursing care
Medical equipment rental
Alternative medicine for the elderly or vulnerable
Hairdressing for the elderly or vulnerable
Beauty salons for the elderly or vulnerable
Manicuring for the elderly or vulnerable
Pedicure for the elderly or vulnerable
Massage for the elderly or vulnerable
Emergency medical assistance
Remote localisation of patients and the elderly or vulnerable for medical purposes
Information in relation to health and wellbeing
Motor rehabilitation
Rehabilitation for alcohol-dependent patients
Home nursing aid for the elderly and/or the sick, namely assistance to the person in his daily life, namely assistance with getting up, assistance with meals, Toilet assistance
Home nursing aid for the elderly and/or the sick, namely housekeeper services following hospitalisation, transport of prescribed drugs, search for a doctor, transport to hospital
Telemedicine services
Nursing care for elderly people and/or the sick
Nutrition information
Information services on the daily management of day-to-day life for the elderly and/or the sick in the fields of medical and therapeutic care, care and hygiene
Remote assistance relating to healthcare [telemedicine]
Physical rehabilitation information
Information relating to better cohabitation, namely information in the field of health and wellbeing.
The mark was filed in class 45 with following description of goods:
Concierge service on behalf of the elderly and/or the sick including support in administrative procedures and appointment management
Chaperoning, Namely support services in the daily life of the elderly and/or the sick to travel and support services to travel outside their house
Security guard services
Consultancy services relating to health and safety
Information, advice, services and assistance relating to the security of property and individuals.