The trademark RedCare was filed by Shop-Apotheke B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 16, 2020, and received one opposition filed on July 16, 2020 by Virgin Enterprises Limited on Likelihood of confusion. the opponent was represented by PRINZ & PARTNER MBB PATENT- UND RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 16, 2020
It was designated 'Basic Application' for International Application 1575324 at the World Intellectual Property Organization (WIPO).
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 November 10, 2020. Appointment and Replacement of representative of the trademark registration was recorded on January 31, 2021. Change of name and address of the trademark registration was recorded on December 16, 2021.
The application claimed as seniority of the Federal Republic of Germany trademark 3020190123111 and filed on May 21, 2019 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
After-shave preparations
Aftershave balms
Anti-perspirant deodorants
Antiperspirants [toiletries]
Deodorants and antiperspirants
Aromatics
Aromatic essential oils
Eye gels
Cosmetic eye gels
Bath foam
Bath foam
Bath foam
Bath foams (Non-medicated -)
Antiperspirants [toiletries]
Deodorants for pets
Feminine deodorant sprays
Deodorants for the feet
Roll-on deodorants [toiletries]
Deodorants for human beings or for animals
Deodorants, for personal use in the form of sticks
Detergents
Detergent soap
Shower gels
Depilatory preparations
Grease-removing preparations
Degreasers, other than for use in manufacturing processes
Facial washes [cosmetic]
Facial washes [cosmetic]
Hair dye
Hair spray
Hair wax
Hair lotion
Hair lotion
Hand creams
Hand washes
Body scrub
Body butter
Cosmetic kits
Artificial tanning preparations
Adhesives for affixing artificial fingernails
Artificial nails for cosmetic purposes
False nails
Lip balms [non-medicated]
Lip balms [non-medicated]
Cosmetics
Body paints for cosmetic purposes
Facial cleansers [cosmetic]
Self-tanning preparations [cosmetics]
Nail varnish remover [cosmetics]
Facial toners [cosmetic]
Skin lightening compositions [cosmetic]
Self tanning creams [cosmetic]
Self tanning lotions [cosmetic]
Tonics [cosmetic]
Mineral oils [cosmetic]
Cosmetics for use on the skin
Sun bronzers
Cosmetics for the use on the hair
Paper hand towels impregnated with cosmetics
Cosmetics for the treatment of dry skin
Cosmetics in the form of oils
Cosmetics in the form of milks
Non-medicated cosmetics
Cosmetics for personal use
Cosmetics in the form of rouge
Cosmetics in the form of gels
Cosmetics in the form of lotions
Nail cream
Perfumery
Deodorants for the feet
Extracts of flowers [perfumes]
Synthetic perfumery
Mint for perfumery
Perfumery and fragrances
Extracts of flowers
Polishing preparations
Window cleaners [polish]
Denture polishes
Cleaning preparations for leather
Shoe cleaners [preparations]
Furbishing preparations
Room scenting sprays
Rose oil
Rose oil for cosmetic purposes
Grinding preparations
Shoe polish
Shoe wax
Soaps
Soap pads
Soaps in gel form
Soap powder
Soap solutions
Perfumed soaps
Perfumed soaps
Soaps in liquid form
Soaps in liquid form
Deodorant soap
Waterless soap
Antiperspirant soap
Soaps for body care
Shampoo
Non-medicated shampoos
Shampoos for personal use
Sunscreen preparations
Cosmetic sun-protecting preparations
Tanning preparations
Conditioning preparations for the hair
Wallpaper cleaning preparations
Cotton wool for cosmetic purposes
Cotton balls for cosmetic purposes
Cotton sticks for cosmetic purposes
Dentifrices
Non-medicated dentifrices.
The mark was filed in class 5 with following description of goods:
Swabs for medical use
Deodorants, other than for human beings or for animals
Deodorants for clothing and textiles
Anti-bacterial face washes (Medicated -)
Medicinal hair growth preparations
Hand creams for medical use
Disinfecting handwash
Antibacterial handwash
Antibacterial handwash
Medicated lip balm
Dental abrasives
Sunburn preparations for pharmaceutical purposes
Dental impression materials
Chromatic alginate dental impression material
Dental wax for the preparation of dental moulds
Infant formula
Milk powders [foodstuff for babies]
Disinfectants
Disinfectants for chemical toilets
Disinfectants for contact lenses
Sanitizers for household use
Disinfectants and antiseptics
Disinfectants for medical instruments
Disinfectants for medical use
Disinfectants for hygiene purposes
Sanitizers for household use
Disinfectants for veterinary use
Disinfectants impregnated into tissues
Cleaning cloths impregnated with disinfectant for hygiene purposes
Dietetic preparations adapted for medical use
First-aid boxes, filled
Fungicides
Herbicides
Sanitary preparations for medical purposes
Insect repellents
Insect repellent incense
Air deodorising preparations
Materials for dressings
Nutritional supplements
Nutritional supplements
Food supplements
Food supplements
Medicated food supplements
Dietary supplements for infants
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Vitamin preparations in the nature of food supplements
Health food supplements for persons with special dietary requirements
Plasters, materials for dressings
Medicated plasters
Transdermal patches
Bunion pads
Corn plasters
Plasters incorporating a magnet
Adhesive bands for medical purposes
Pharmaceuticals
Chemico-pharmaceutical preparations
Diuretic pharmaceutical preparations
Pharmaceutical preparations in strip form
Tissue-regenerative pharmaceutical preparations
Crystals for therapeutic purposes
Pharmaceutical preparations for animal skincare
Transdermal patches
Veterinary preparations
Teeth filling material
Cleaners [preparations] for sterilising surgical instruments
Medicated hand wash
Antibacterial facial cleanser
Germicidal detergents
Disinfectant soap
Medicated soap
Anti-bacterial soap
Medicated shampoos.
The mark was filed in class 9 with following description of goods:
Computer software relating to the medical field
Application software for medical services and healthcare services
Application software for mobile devices
Application software for wireless devices
Application software featuring health and status information.
The mark was filed in class 10 with following description of goods:
Surgical instruments
Shears [surgical instruments]
Receptacles for receiving surgical instruments
Surgical apparatus and instruments
Cases fitted for surgical instruments
Surgical instruments for use in orthopedic surgery
Receptacles for receiving surgical instruments
Lag screws in the nature of orthopaedic surgical instruments
Plates in the nature of orthopaedic surgical instruments
Trays for holding surgical instruments
Compressing screws in the nature of orthopaedic surgical instruments
Suture materials
Apparatus for orthopaedic purposes
Exercising apparatus for medical rehabilitative purposes
Condoms
Condoms
Spermicidal condoms
Condoms having spermicidical properties
Condoms for medical purposes
Condoms for hygienic purposes
Condoms for prophylactic purposes
Artificial eyes
Artificial limbs
Artificial teeth
Instruments for use in the preparation of artificial teeth
Instruments for use in the preparation of artificial teeth
Instruments for use in the fitting of artificial teeth
Instruments for use in the fitting of artificial teeth
Instruments for use in the fitting of artificial teeth
Instruments for use in the fitting of artificial teeth
Instruments for use in the preparation of artificial teeth
Instruments for use in the preparation of artificial teeth
Medical apparatus and instruments
Medical and veterinary apparatus and instruments
Medical instruments
Electronic medical instruments
Electromagnetic medical apparatus
Insufflators
Chromatographic instruments for medical use
Retractors [medical instruments]
Retractors [medical instruments]
Spirometers [medical apparatus]
Pulse counters [medical apparatus]
Tools for medical diagnostics
Apparatus for use by dental technicians
Electrocardiographic recorders
Apparatus for use by dental hygienists
Electrocardiograph monitors
Chromatographic instruments for medical use
Medical instruments incorporating lasers
Electronic apparatus for medical purposes
Fibre optic instruments for medical purposes
Medical instruments for use as aids to hearing
Physical exercise apparatus for medical purposes
Physical exercise apparatus for medical purposes
Veterinary apparatus and instruments
Dental apparatus and instruments
Dental apparatus and instruments.
The mark was filed in class 35 with following description of goods:
Marketing research in the fields of cosmetics, perfumery and beauty products
Advertising, marketing and promotional services
Promotion, advertising and marketing of on-line websites
Updating of advertising material
Computerized file management
Data management services
Development of promotional campaigns
Data entry and data processing
Provision of commercial information from online databases
Publication of publicity materials on-line
Production of visual advertising matter
Distribution of advertising material
Distribution of advertising material by post
Publicity and sales promotion services
Publicity and sales promotion services
Publicity and sales promotion services
Advertising, marketing and promotional services
Publicity and sales promotion services
Rental of advertisement space and advertising material
Rental of advertising space on-line
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Distribution of prospectuses and samples for advertising purposes
Sample distribution
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not
Dissemination of advertising matter by mail
Reproduction of advertising material
Publication of publicity materials
Publication of publicity materials and texts
Arranging the distribution of advertising samples
Publicity and sales promotion services
Publicity and sales promotion services
Distribution of promotional matter
Publicity and sales promotion services
Advertising
Advertising, promotional and public relations services
Compilation and input of information into computer databases
Compilation and systematisation of information in databanks
Preparation of advertising material
Compilation, production and dissemination of advertising matter
Retailing and wholesaling relating to medicine, including generics, medical apparatus and instruments, cosmetics, perfumery and beauty products, in particular via the internet
Accounting for electronic order systems
Data acquisition (office functions) for the placing of orders, and for the submission, management and billing of electronic prescriptions
Commercial administration of the licensing of the goods and services of others.
The mark was filed in class 38 with following description of goods:
Providing access to data in computer networks
Providing access to computer networks
Provision of access to web pages
Providing access to e-commerce platforms on the Internet
Providing access to platforms on the Internet
Providing access to platforms and portals on the Internet
Providing access to online marketplaces for the buying and selling of goods and the providing of services, Namely medical services and healthcare services
Provision of electronic communication links
Telecommunications
Telecommunication services provided via Internet platforms and portals
Providing access to databases
Telecommunication services provided via platforms and portals on the Internet and other media
Computer-aided transmission of messages and images
Transmission of digital contents by telephone or other means of electronic communication
Transmission of voice, audio, visual images and data by wireless communication networks.
The mark was filed in class 42 with following description of goods:
Hosting of e-commerce platforms on the internet, namely relating to medical services and healthcare services
Programming of software for e-commerce platforms, namely relating to medical services and healthcare services
Rental of application software
Rental of computers and computer software
Updating and maintenance of computer software and programs
Creating and maintaining web sites for others
Installation of software
Software as a service [SaaS] for medical services and healthcare services.
The mark was filed in class 44 with following description of goods:
Application of cosmetic products to the body
Provision of pharmaceutical information
Advisory services relating to surgical instruments
Hiring of surgical instruments
Fitting of artificial limbs
Medical equipment rental
Hiring of dental instruments
Human hygiene and beauty care
Hygienic and beauty care for animals
Human hygiene and beauty care
Pharmaceutical services
Pharmacy services, namely the preparation of pharmaceutical formulations and medicines for others on the basis of doctors' prescriptions
Chemist shop services, namely the preparation of medical prescriptions, for others
Medical and veterinary services, in particular via the internet and other means of distance communication
Medical and pharmaceutical consultancy, in particular via the internet and other means of distance communication
Providing medical information, in particular via the internet and other means of distance communication
Medical product information, in particular via the internet and other means of distance communication
Dietetic advisory services
Dietetic advisory services, in particular via the internet and other means of distance communication
Health information, in particular via the internet and other means of distance communication
Information relating to services in connection with medical examinations via the internet and other means of distance communication
Information relating to services in connection with medical examinations via application software for smartphones
Healthcare information via the internet and other means of distance communication
Providing health information by application software for smart phones.