The trademark KLARIFY was filed by ALK-Abelló A/S, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on June 4, 2020, and received one opposition filed on July 23, 2020 by PAUL HARTMANN AG on Likelihood of confusion. the opponent was represented by STUMPF PATENTANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 23, 2020
It was designated 'Basic Application' for International Application 1674597 at the World Intellectual Property Organization (WIPO).
The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 12, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations for humans and animals
Non-medicated dentifrices for humans and animals
Perfumery, essential oils for humans and animals
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Skin care preparations (not for medical use) for humans and animals
Soaps, body and beauty care preparations for the care of the skin and of the face, for humans and animals
Deodorants for personal use, also for animals
Hair care preparations for humans and animals
Bath and shower preparations for humans and animals
Sun-tanning preparations
None of the aforesaid goods for use in the cardiovascular field nor for use in continence management, but all solely being non- medicated and for use in relation to allergy and/or asthma.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations for immunotherapeutic purposes
Pharmaceutical and veterinary preparations for diagnosis, prevention and treatment of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
Diagnostic preparations for medical purposes, diagnostic reagents and diagnostic testing materials for medical use in the field of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
Eye drops
Nose drops, nasal sprays
Pharmaceutical preparations for inhalers
Pharmaceutical preparations in the form of injectable pharmaceuticals, particularly adrenaline, for treatment of anaphylactic reactions
Dietary and nutritional supplements for humans and for animals
Food supplements for humans and for animals
Food supplements in the form of peanut powder for the prevention of allergies in humans or animals
Probiotic supplements for humans and animals
Probiotic preparations for medical and veterinary use
Fish oil for medical and veterinary purposes, cod liver oil
Dermatological preparations, dermatological pharmaceutical and veterinary preparations
Medicated skin care preparations for humans and animals
Skin care preparations for atopic skin in humans and animals
Skin care preparations for the care of dry skin in humans and animals
Dermatitic preparations for treatment of eczema, psoriasis and dermatological conditions in humans and animals
Medicated bath and shower preparations for humans and animals
Medicated hair care preparations for humans and animals
Medicated sun-tanning preparations
Infant formula, including lactose free infant formula and hydrolyzed milk formula
Additives for infant formula to prevent the development of allergies
Food for babies
Diagnostic testing materials for medical use
Allergy and asthma testing kits
None of the aforesaid goods for use in the cardiovascular field nor for use in continence management, but all solely for use in relation to allergy and/or asthma.
The mark was filed in class 7 with Vacuum cleaners and vacuum cleaners for bedding..
The mark was filed in class 9 with following description of goods:
Scientific, checking (supervision), life-saving and teaching apparatus and instruments
Computer software, particularly computer software for medical use
Diagnostic apparatus for testing food, including for mould detection
Sensors for detecting and analyzing the presence of chemicals, toxins, mould and allergens in food, food components and food products
Downloadable electronic publications in the nature of magazines and periodicals
Electronic magazines and periodicals
Online questionnaires
None of the aforesaid goods relating to the cardiovascular field nor for use in continence management, but all solely for use in relation to allergy and/or asthma.
The mark was filed in class 10 with following description of goods:
Testing apparatus for medical purposes
Spirometers [medical apparatus], including incentive spirometers for medical use
Apparatus for carrying-out diagnostic tests for medical purposes
Medical devices for self or home testing for allergy
Electric devices for analysing the condition of allergy and asthma patients
Inhalers for medical or therapeutic use
Nebulizers for medical use
Nasal filters
None of the aforesaid goods for use in the cardiovascular field nor for use in continence management.
The mark was filed in class 11 with following description of goods:
Air purifiers, including electric air purifiers
Air filters for air purification
None of the aforesaid goods for use in continence management.
The mark was filed in class 16 with following description of goods:
Printed matter
Instructional and teaching materials
Magazines and periodicals
Printed questionnaires
None of the aforesaid goods relating to the cardiovascular field nor for use in continence management, but all solely for use in relation to allergy and/or asthma.
The mark was filed in class 24 with Bed linen and none of the aforesaid goods for use in continence management..
The mark was filed in class 29 with Edible oils derived from fish [other than cod liver oil].
The mark was filed in class 35 with following description of goods:
Statistical investigations and statistical studies in the fields of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
Compilation and collection into a computer database of scientific or pharmaceutical data relating to allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
Wholesale and retail services, also online and via an e-commerce platform, in relation to non-medicated cosmetics and toiletry preparations for humans and animals, non-medicated dentifrices for humans and animals, perfumery, essential oils for humans and animals
Wholesale and retail services, also online and via an e-commerce platform, in relation to bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, skin care preparations (not for medical use) for humans and animals, soaps, body and beauty care preparations for the care of the skin and of the face, for humans and animals
Wholesale and retail services, also online and via an e-commerce platform, in relation to deodorants for personal use, also for animals, hair care preparations for humans and animals, bath and shower preparations for humans and animals, sun-tanning preparations
Wholesale and retail services, also online and via an e-commerce platform, in relation to pharmaceutical and veterinary preparations for immunotherapeutic purposes, pharmaceutical and veterinary preparations for diagnosis, prevention and treatment of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
Wholesale and retail services, also online and via an e-commerce platform, in relation to diagnostic preparations for medical purposes, diagnostic reagents and diagnostic testing materials for medical use in the field of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy, eye drops, nose drops, nasal sprays
Wholesale and retail services, also online and via an e-commerce platform, in relation to pharmaceutical preparations for inhalers, pharmaceutical preparations in the form of injectable pharmaceuticals, particularly adrenaline, for treatment of anaphylactic reactions
Wholesale and retail services, also online and via an e-commerce platform, in relation to dietary and nutritional supplements for humans and for animals, food supplements for humans and for animals, food supplements in the form of peanut powder for the prevention of allergies in humans or animals, probiotic supplements for humans and animals, probiotic preparations for medical and veterinary use, fish oil for medical and veterinary purposes, cod liver oil
Wholesale and retail services, also online and via an e-commerce platform, in relation to dermatological preparations, dermatological pharmaceutical and veterinary preparations, medicated skin care preparations for humans and animals, skin care preparations for atopic skin in humans and animals, skin care preparations for the care of dry skin in humans and animals, dermatitic preparations for treatment of eczema, psoriasis and dermatological conditions in humans and animals
Wholesale and retail services, also online and via an e-commerce platform, in relation to medicated bath and shower preparations for humans and animals, medicated hair care preparations for humans and animals, medicated sun-tanning preparations
Wholesale and retail services, also online and via an e-commerce platform, in relation to infant formula, including lactose free infant formula and hydrolyzed milk formula, additives for infant formula to prevent the development of allergies, food for babies, diagnostic testing materials for medical use, allergy and asthma testing kits
Wholesale and retail services, also online and via an e-commerce platform, in relation to vacuum cleaners, vacuum cleaners for bedding, scientific, checking (supervision), life-saving and teaching apparatus and instruments, computer software, particularly computer software for medical use
Wholesale and retail services, also online and via an e-commerce platform, in relation to diagnostic apparatus for testing food, including for mould detection, sensors for detecting and analyzing the presence of chemicals, toxins, mould and allergens in food, food components and food products, downloadable electronic publications in the nature of magazines and periodicals, electronic magazines and periodicals, online questionnaires
Wholesale and retail services, also online and via an e-commerce platform, in relation to medical apparatus and instruments, testing apparatus for medical purposes, spirometers [medical apparatus], including incentive spirometers for medical use
Wholesale and retail services, also online and via an e-commerce platform, in relation to apparatus for carrying-out diagnostic tests for medical purposes, medical devices for self or home testing for allergy, electric devices for analysing the condition of allergy and asthma patients, inhalers for medical or therapeutic use, nebulizers for medical use, nasal filters
Wholesale and retail services, also online and via an e-commerce platform, in relation to air purifiers, including electric air purifiers, air filters for air purification, printed matter, instructional and teaching materials, magazines and periodicals, printed questionnaires
Wholesale and retail services, also online and via an e-commerce platform, in relation to bed linen, edible oils derived from fish
All these goods relating to allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
None of the aforesaid services in relation to the cardiovascular field nor in relation to continence management, but all in relation to allergy and/or asthma only.
The mark was filed in class 38 with Providing access, with or without subscription, to an e-commerce platform on the Internet giving users access to medical information in the allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic disease as well as atopic dermatitis and food allergy fields and none of the aforesaid services in relation to the cardiovascular field nor in relation to continence management, but all in relation to allergy and/or asthma only..
The mark was filed in class 42 with following description of goods:
Scientific, technological, medical and pharmacological research services and design relating thereto
Scientific and medical laboratory services, clinical trials
Computer services, namely the creation of online communities for registered users to participate in discussions, and engage in social networking
Providing a website in relation to technology that enables consumers to form vir-tual communities, engage in social networking and share information regarding food, food components, and food products
All of the aforesaid services in relation to allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis and food allergy
None of the aforesaid services in relation to the cardiovascular field nor in relation to continence management, but all in relation to allergy and/or asthma only.
The mark was filed in class 44 with following description of goods:
Medical services and medical healthcare services
Medical consulting services, including counselling and information regarding immunotherapy, allergy, asthma, allergic rhinitis, allergic asthma, respiratory allergic diseases as well as atopic dermatitis, food allergy, and anaphylactic reactions
Providing patient support relating to immunotherapy as well as to diagnosing, prevention and treatment of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases, atopic dermatitis, food allergy, and anaphylactic reactions, also electronically or digitally, e.g. through a website with or without subscription
Providing information to medical professionals relating to immunotherapy as well as to diagnosing, prevention and treatment of allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases, atopic dermatitis, food allergy, and anaphylactic reactions, also electronically or digitally, e.g. through a website
Medical diagnostic services
All of the aforesaid services in relation to allergy, asthma, allergic rhinitis, allergic asthma, rhinoconjunctivitis, respiratory allergic diseases as well as atopic dermatitis, food allergy, and anaphylactic reactions
None of the aforesaid services in relation to the cardiovascular field nor in relation to continence management, but all in relation to allergy and/or asthma only.