018269906

Get better.

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July 6, 2020

Trademark Summary

The trademark Get better. was filed by Vitagroup AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 18, 2020, and received one opposition filed on September 20, 2020 by BETTER, programska oprema, d.o.o. on Likelihood of confusion. the opponent was represented by JADEK & PENSA D.O.O. - O.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2020

It was designated 'Basic Application' for International Application 1586158 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).

The Refusal with reference B 018269906 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 1, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Data management software
  2. Software for monitoring, analysing, controlling and running physical world operations
  3. Computers, telecommunications apparatus, software, the aforesaid goods in particular for telemedical applications.
• The mark was filed in class 10 with Medical and veterinary apparatus and instruments, namely diagnostic, examination, and monitoring equipment and Telemedical apparatus and instruments..
• The mark was filed in class 35 with following description of goods:
  
  1. Data processing services in the field of healthcare
  2. Business assistance, business management and administrative services, in particular in the field of telecommunications infrastructures
  3. Accountancy, book keeping and auditing, In particular in the field of healthcare
  4. Administrative support and data processing services, In particular in the field of healthcare
  5. Human resources management and recruitment services
  6. Business consultancy and advisory services, In particular in connection with, mainly operative, health management
  7. Medical billing services for doctors.
• The mark was filed in class 38 with following description of goods:
  
  1. Communications services, In particular in the health sector, mainly for communication between service providers and patients
  2. Communication services between data banks
  3. Rental of wireless communication systems
  4. Communications services for accessing a data-base
  5. Provision of access to data on communication networks
  6. Providing access to web pages on the Internet
  7. Electronic data interchange services, In particular in the field of medicine, Mainly relating to providers available to develop and to operate an ecosystem of networked health applications
  8. Telecommunication services provided via Internet platforms and portals, In particular a communication tool for medical personnel
  9. Providing access to platforms on the Internet, In particular a platform for agile and scalable digital health solutions
  10. Providing of Internet portals, for others, In particular a platform and/or a portal for networked health care
  11. Operating and rental of telecommunications equipment
  12. Operating chatlines and forums
  13. Operating chat rooms
  14. Services of an online provider, namely creating discussion forums
  15. Transmission of information relating to pharmaceuticals, medicine and hygiene.
• The mark was filed in class 41 with following description of goods:
  
  1. Conducting of instructional seminars
  2. Organisation of conferences, exhibitions and competitions
  3. Education and instruction services.
• The mark was filed in class 42 with following description of goods:
  
  1. Medical and pharmacological research services
  2. Information technology services for the pharmaceutical and healthcare industries
  3. Computer programming in the medical field
  4. Writing of computer programs for medical applications
  5. Design and development of computer software for use with medical technology
  6. Hosting of communication platforms on the internet
  7. Development of computer based networks
  8. Providing artificial intelligence computer programs on data networks
  9. Scientific and technological services and research and design relating thereto
  10. Industrial analysis and research services
  11. Design and development of computer hardware and software.
• The mark was filed in class 44 with following description of goods:
  
  1. Medical and veterinary medical services
  2. Telemedicine services
  3. Telemedicine services
  4. Professional consultancy relating to health
  5. Telemedical service centres, telemedical monitoring, telemedical advice for patients, telemedical diagnostics, in particular via electronic communication means, telephone medical advice and telephone emergency services
  6. Providing of online information relating to the prevention of diseases.