The trademark kim was filed by Gematik GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 14, 2020, and received one opposition filed on August 6, 2020 by Kim Technologies Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by APPLEYARD LEES IP LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 6, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on January 28, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Apparatus for recording data
Apparatus for broadcasting sound, data or images
Apparatus and instruments for reproducing of data
Apparatus for the reproduction of images
Magnetic data media
Data processing apparatus
Computers
Peripherals adapted for use with computers
Machine readable data carriers, in particular relating to insurance and with microprocessor chips for the delivery of data and information relating to healthcare
Integrated circuit card [smart cards], relating to insurance and with microprocessor chips for the delivery of data and information relating to healthcare
Compact discs
DVDs
Smart cards, in particular relating to insurance and with microprocessor chips for the delivery of data and information relating to healthcare
Electronic chip cards
Encoded magnetic cards
Encoded magnetic cards
Identity cards, magnetic
Blank electronic chip cards
Smart card readers
Cards containing microprocessors
Chargers
Magnetic coded card readers
Readers [data processing equipment]
Data processing programs
Application software
Data and file management and database software
Unified communications software
File sharing software
Software for online messaging
Computer programs [downloadable software]
Computer programmes for use in telecommunications
Computer programs for network management
Computer programmes for data processing
Software
File processing software
Computer software
Computer programmes for data processing
Downloadable software applications
Content access software
Those having a relation to healthcare and health insurance system and which are for the purpose of secure exchange of information, documents and messages in the healthcare sector in connection with the treatment of patients and which are accessed only by registered participants in the telematics infrastructure.
The mark was filed in class 35 with following description of goods:
Data processing services in the field of healthcare
Computerised data processing
Computerized file management
Computerized file management
Computerized file management
Collating of data in computer databases
Management and compilation of computerised databases
Computerised data processing
Registration and transcription of written communications
Those having a relation to healthcare and health insurance system and which are for the purpose of secure exchange of information, documents and messages in the healthcare sector in connection with the treatment of patients and which are accessed only by registered participants in the telematics infrastructure.
The mark was filed in class 38 with following description of goods:
Communications services via electronic media
Providing access to databases in computer networks
Providing of access to information on the internet, in particular in the field of healthcare
Providing access to health portals on the Internet
Providing internet chatrooms
Electronic transmission of data (information), in particular in the field of healthcare and insurance services
Providing of access to medical and health information on the internet
Transmission of information, texts and images on health insurance underwriting in computer networks
Computer-aided transmission of messages and images
Telephone services
Message sending
Telephone services by means of hotlines or call centres
Transmission of electronic mail
Telecommunication services provided via Internet platforms and portals
Those having a relation to healthcare and health insurance system and which are for the purpose of secure exchange of information, documents and messages in the healthcare sector in connection with the treatment of patients and which are accessed only by registered participants in the telematics infrastructure.
The mark was filed in class 42 with following description of goods:
Provision of security services for computer networks, computer access and computerised transactions
Data encryption and decoding services
Digitization of documents
Software development
Software creation
Software development
Software development, programming and implementation
Development of software for communication systems
Design, maintenance and up-dating of computer software
Design, development and implementation of software
Consultancy in the field of telecommunications engineering technology
Programming of telecommunications software
Computer programming for data processing and communication systems
Information technology services for the pharmaceutical and healthcare industries
Designing of data processing programmes
Writing of programs for data processing
Design of communication systems
Those having a relation to healthcare and health insurance system and which are for the purpose of secure exchange of information, documents and messages in the healthcare sector in connection with the treatment of patients and which are accessed only by registered participants in the telematics infrastructure.