The trademark SENIOR HELP 24 was filed by SeniorHelp24 GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 4, 2021, and received one opposition filed on November 4, 2021 by S.C. HELP NET FARMA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by S.C. WEIZMANN ARIANA & PARTNERS AGENTIE DE PROPRIETATE INTELECTUALA S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on April 18, 2023.
The Opposition with reference B 003157616 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Personnel-related services, in particular Employment recruiting services of doctors and nursing staff
Employment agencies
Personnel selection [for others]
Consultancy and advisory services relating to personnel placement
Temporary personnel services
Billing
Appointment coordination and contract consultancy, for others
Placement of temporary, interim and permanent staff
Providing of information, including electronically, in relation to all of the aforesaid services
Advertising services relating to the recruitment of personnel
Job agency services for medical personnel, Employment agency services for nursing staff
Providing of online information in the fields of employment agencies
Providing on-line interactive employment counseling and recruitment services
Providing on-line employment placement services, namely, resume matching services via a global computer network
Arranging of contracts, for others, for the providing of services
Business assistance, management and administrative services.
The mark was filed in class 37 with Housekeeping, for others, Namely, Work to maintain the household (in particular tidying, cleaning) and the inventory needed for the lifestyle (in particular washing clothes, rinsing dishes).
The mark was filed in class 43 with Preparation of meals.
The mark was filed in class 44 with following description of goods:
Out-patient services
Out-patient services
Home nursing aid services
Home-visit nursing care
Nursing care
Hygienic care for human beings
Providing information relating to nursing care services
Respite care services in the nature of home nursing aid
Home health care services
Provision of health care services in domestic homes
Counselling services regarding health
Advice relating to the personal welfare of elderly people [health]
Nursing, medical
Medical services
Medical consultancy for the elderly relating to coping with everyday life
Medical services for the elderly relating to coping with everyday life, Included in class 44
Operation of other elderly nursing care facilities, Care services
Human hygiene and beauty care
Nursing care, Rehabilitation, Medical psychological assistance, Medical counseling, For people in need of nursing care and the disabled
Medical services for human beings
Medical services, Beauty care, Nursing (medical), Geriatric care, Including relaxation, rest, rehabilitation, elderly and nursing home services
Consultancy in the fields of hygienic care, beauty care, nursing and care of the elderly
Health spa advice.
The mark was filed in class 45 with following description of goods:
Home visit non-medical nursing care services for the elderly, for the disabled, for children
Home assistance
Home visit non-medical nursing care services for people in need
Companionship services for the elderly and disabled
Provision of non-medical in-home care services for the elderly and disabled people.