The trademark ANNE4CARE was filed by Virtual Assistant B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 5, 2020, and received one opposition filed on July 1, 2020 by Adapcare on Likelihood of confusion. the opponent was represented by Flierman, Esther and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 1, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003125475 was Reject opposition: opposition not admissible according to Article 8(2) EUTMDR with decision issued on October 22, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software development tools
Computer software for use as an application programming interface for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management
Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks
Computer chatbot software for simulating conversations.
The mark was filed in class 38 with following description of goods:
Providing of virtual facilities for interaction among computer users in real-time communication by computer
Transmission of data and of information via electronic means, computer, cable, radio
Electronic transmission of data and documentation via the Internet or other electronic communications networks
Electronic mail services
Providing user access to platforms on the Internet
Providing access to online searchable databases of text, data, image, audio, video, and multimedia content
Providing telecommunication access to electronic communications networks with means of identifying, locating, grouping, distributing, and managing data and links to third-party computer servers, computer processors and computer users
Providing access to social networking websites
Providing access to computer databases in the field of healthcare
Communication services, namely, matching users for the transfer of music, video and audio recordings via communication networks
Providing telecommunications access to electronic communication networks, for transmission or reception of audio, video or multimedia content
Providing access to computer, electronic and online databases
Telecommunications services, namely electronic transmission of data, messages and information
Providing online forums for communication on topics of general interest
Providing online communications links which transfer web site users to other local and global web pages
Facilitating access to third party web sites via a universal login
Providing online chat rooms and electronic bulletin boards
Providing of access to an internet platform where users can get in touch with each other
Providing of forums in the area of healthcare, medical information services and medical matters available online.
The mark was filed in class 42 with following description of goods:
Providing search engines for obtaining data via the interact and other electronic communications networks
Creating indexes of online information, sites and other resources available on global computer networks for others
Digital imaging services
Information, advisory and consultancy services relating to all the aforesaid
Computer services, namely hosting, including creating virtual communities for registered users to organise groups and events, participate in discussions, and engage in social, business and community networking
Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks
Application service provider (ASP) services, namely, hosting computer software applications of others
Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks
Providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data
Computer services, namely hosting, including in the form of customised websites featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data
Computer services, namely hosting, including providing a website featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple website users.
The mark was filed in class 44 with following description of goods:
Providing medical information via websites
Information and consulting, including via the internet, all in the healthcare field
Databases, namely providing data in the field of healthcare
Paramedical services and wellness consulting services and healthcare, where the care responsibilities of the carer are temporarily taken over
(psychological counselling) coaching of carers
Services in the field of care and medical care
Services in the field of healthcare, (home) care, (home) nursing and paramedical care, also in the context of family care and care for the elderly
Advice, consultancy and information regarding diseases, health, healthcare, physical and mental wellbeing, use of medication, (home) care, (home) nursing care, paramedical care and (para) medical care provision
Advise, Consultancy and information regarding the aforementioned services and relating to facilities and adaptations for (home) care, (home) nursing and paramedical care.
The mark was filed in class 45 with Online social networking services accessible by means of downloadable mobile applications and providing a social networking website..