The trademark Doc.Green was filed by ApoNow GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 1, 2020, and received one opposition filed on June 1, 2020 by Zur Rose Group AG on Likelihood of confusion. the opponent was represented by Keller Schneider Patentanwalts GmbH and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 1, 2020
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 11, 2020.
The Appeal with reference B R1283/2022-1 was Application allowed according to Article 8(1)(b) EUTMR with decision issued on August 16, 2023 by the EUIPO. The Opposition with reference B 003122955 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 29, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business consultancy and advisory services, Professional business consulting, Advertising
Advertising consultancy, Public relations services
Development and creation of advertising and sales promotion concepts
Publication of publicity texts
Marketing studies
Business management and organization consultancy
Business information
Computerized file management
Systemization of information into computer databases
Assembling data in computer-databases
Research, research in databases, for others, in business matters or for consumers
Organisational consultancy in connection with the use of digital media
Producing, gathering, delivering and distributing professional business information for advertising
Providing business and marketing information on the Internet
Promoting the goods and services of others
Providing business and commercial information over computer networks and global communication networks
Wholesaling, retailing and mail order retailing including online mail order retailing of everyday goods, namely pharmaceutical and veterinary preparations, sanitary preparations for medical use, dietetic substances adapted for medical use, infant formula, plasters, materials for dressings, disinfectants, preparations for destroying noxious animals, surgical, medical, dental and veterinary instruments and apparatus
Wholesaling, retailing and mail order retailing including online mail order retailing of everyday goods, namely artificial limbs, eyes and teeth, orthopaedic articles,
Soaps, perfumery, essential oils,, Cosmetics, Hair lotions, dentifrices, printed matter and stationery, Toothbrushes, Mineral and aerated waters and other non-alcoholic drinks
Wholesaling, retailing and mail order retailing including online mail order retailing of everyday goods, namely syrups and other preparations for preparing beverages, food supplements, dietetic preparations
Organisational and professional business consultancy with regard to the organisation and implementation of a sales and/or marketing system
Planning and conducting of customer loyalty measures for advertising and marketing purposes
Bringing together of a variety of goods, namely cosmetics, soaps, perfumery, essential oils, hair lotion, dentifrices, pharmaceutical and veterinary preparations, sanitary preparations for medical use, dietetic substances adapted for medical use, infant formula, plasters, materials for dressings, disinfectants, preparations for destroying noxious animals, surgical, medical, dental and veterinary instruments and apparatus, contact lenses, care preparations for contact lenses
Bringing together of a variety of goods for the benefit of others, namely medical apparatus and equipment, orthopaedic articles, means of transport for the sick and the elderly, clothing, books, printed matter, furniture, and furnishings for the elderly and the sick, and beverages, for presentation and sales purposes
Drawing up of business expert reports
Conducting of information events with regard to professional business matters in the field of health care
Negotiating contracts with health insurers, pharmacies and pharmacy cooperatives, health care providers, care services, care homes for the elderly and nursing homes.
The mark was filed in class 38 with following description of goods:
Telecommunications
Sending of messages and information
Message services
Electronic advertising
Providing access to hosted operating systems and computer applications through the internet and organizational networks
Transmission of data of all kinds
Providing access to information on the Internet
Providing access to dababases and Leasing access time to a computer database
Arranging access time to computer databases
Database services, namely the transmission of data from a database
Mobile telecommunications services
Telecommunications portal services
Providing access to portals on the Internet
Email and text messaging service
Information and advice relating to telecommunications, also provided via the Internet
Electronic sending of data and documentation via the Internet or other databases
Provision of on line communications services
Supplying and transmitting test data and data on goods and/or services, including messages, information, text, drawings and images relating thereto, including in the form of data centres, in particular in the healthcare sector
Telecommunications, namely transmission of data and information through the creation and operation of a national and/or international computer network for health care.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Preparation of data processing programmes
Design and creation of websites
Internet provider services, namely programming for solving sector-specific problems on the internet
Technical consultancy
Providing technical information on the Internet
Construction of databases
Development, updating and maintenance of databases
Database services, namely computer programming
Technical organisational consultancy in connection with the use of digital media and planning, development and implementation of concepts for the use of digital media
Installing webpages on the Internet, for others (hosting)
Providing a search engine for medical and pharmaceutical subjects for the Internet
Issuing certificates and/or quality stamps for tested services, goods, products, documentation and/or information documents, in particular in the field of health care matters and health insurance underwriting and monitoring of certified businesses
Electronic data storage on sound, image and sound/image carriers, for others
Providing of medical and pharmaceutical portals on the internet.
The mark was filed in class 44 with following description of goods:
Medical services, In particular pharmacy services
Consultancy in the field of pharmacy, namely from a pharmacist
Preparation of pharmaceutical preparations and medicines for others on the basis of doctors' prescriptions
Hygienic and beauty care for human beings or animals
Health consultancy, nutrition consultancy
Pharmaceutical consultancy and consultancy services connected to evaluation of the pharmaceutical and cosmetic needs of individuals, consultancy relating to skin type, style consultancy, outpatient medical chiropody and outpatient cosmetic services, Out-patient services
Services of medical institutions for hospital care
Health centers
Nursing home services
Sanatoriums
Conducting therapies
Medical nursing
Psychosocial care
Nursing homes
Rental of medical devices and medical equipment
Developing medication plans as a medical service
Introduction of patients to doctors, pharmacies and clinics
Providing information relating to medical and pharmaceutical services
Medical services, Namely medical information services relating to health care, provided on machine-readable data carriers, chip cards and integrated circuit cards (smart cards).