The trademark apo discounter was filed by Apo.com Group GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 22, 2022, and received one opposition filed on May 22, 2022 by BRITANNIA PHARMACEUTICALS LIMITED on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 22, 2022
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 February 3, 2022.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Animal grooming preparations
Essential oils and aromatic extracts
Abrasives
Cleaning and fragrancing preparations
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery
Laundry bleach
Laundry preparations
Scouring substances
Polishing preparations
Cleaning preparations.
The mark was filed in class 5 with following description of goods:
Veterinary preparations
Medical preparations
Pharmaceuticals
Sanitary preparations and goods for medicine
Dietetic substances and foods adapted for medical and veterinary use
Food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Dressings, medical
Teeth filling material
Dental wax
Disinfectants
Preparations for destroying vermin
Dietary supplements and dietetic preparations
Dietetic food with a base of fruit or vegetable concentrates, fats, with added fatty acids, vitamins, minerals, trace elements, either singly or in combination
Dietetic food with a base of carbohydrates, fibre, with added vitamins, minerals, trace elements, either singly or in combination
Disposable nappies made of cellulose
Dental preparations and articles, and medicated dentifrices
Aforementioned goods not for the treatment of Parkinson's disease.
The mark was filed in class 10 with following description of goods:
Surgical apparatus and instruments
Dental apparatus and instruments
Medical apparatus and instruments
Hearing protection devices
Orthopedic articles
Therapeutic and assistive devices adapted for the disabled
Massage apparatus
Apparatus, devices and articles for nursing infants, Namely fever thermometers, Nasal aspirators, Incubation units, Incubators
Sexual activity apparatus, devices and articles
Feeding aids and pacifiers
Sex aids
Medical and veterinary apparatus and instruments
Orthopedic and mobility aids
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods being for the treatment of Parkinson's disease.
The mark was filed in class 20 with Head support cushions for babies.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Retail and wholesale services, Including via the internet and mail order, in relation to the following goods: Toiletries, Animal care products, Essential oils and aromatic extracts, abrasives, Cleaning and fragrancing preparations, Cosmetics, not for medical purposes, Cosmetics, not for medical purposes, non-medicated dentifrices, Perfumery, Bleaching preparations and other substances for laundry use, Preparations to clean, polish, degrease and abrade, pharmaceuticals, Medical and veterinary preparations, Sanitary preparations for medical purposes, Sanitary preparations for medical purpose, Dietetic substances and foods adapted for medical and veterinary use, Food for babies, Food supplements for humans and animals, Plasters, materials for bandaging, preparations for stopping teeth, dental wax, Disinfectants, preparations for destroying vermin, Dietetic preparations and nutritional supplements, Dental preparations and substances, and medicated dentifrices, Surgical, medical, dental and veterinary instruments and apparatus, Hearing protectors, Orthopedic articles, Therapeutic and assistive devices adapted for the disabled, Apparatus for massage, Apparatus, devices and articles for nursing infants, Sexual activity apparatus, devices and articles, Feeding aids and dummies, Sexual aids, Medical and veterinary apparatus and instruments, Orthopaedic articles and mobility aids, Parts and fittings for all the aforesaid goods, Dietetic foods, not adapted for medical use, with a base of fruit or vegetable concentrates, fats, with added fatty acids, vitamins, minerals, trace elements, either singly or in combination, dietetic foods with a base of carbohydrates, fibre, with added vitamins, minerals, trace elements, either singly or in combination
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services
Arranging of business contacts, collective buying, commercial evaluation, agency business, import and export, negotiation and brokerage, ordering, price comparison services, procurement services for others, arranging of subscriptions
Business assistance, management and administrative services
Organisation, operation and supervision of loyalty schemes and incentive schemes
Rental and hiring of objects in relation to the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
None of the aforesaid services not in relation to the following goods: Pharmaceutical or medical articles explicitly intended for the treatment of Parkinson's disease.
The mark was filed in class 38 with following description of goods:
Providing access to platforms and portals on the Internet
Providing access to telecommunication channels for teleshopping services
Provision of access to content, websites and portals
Providing access to weblogs
Broadcasting of audio content, video content and multimedia content on the internet and other communications networks
Streaming of audio and visual material on the internet
Automatic telephone answering services
Providing access to data or documents stored electronically in central files for remote consultation
Providing online forums
Computer communication services and Internet access
Rental of objects in connection with the providing of the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Telephone services for chemists in the context of call centres, and providing of access to pharmaceutical information on the internet
Transmission of information and images relating to pharmaceuticals, medicine and hygiene
None of the aforesaid services based on pharmaceutical or medical articles explicitly intended for the treatment of Parkinson's disease.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Labelling services
Transport of goods
Express delivery of goods
Delivery of drugs and non-prescription drugs and goods within the framework of a mail order pharmacy service and within the framework of a pharmaceutical wholesaler
None of the aforesaid services based on pharmaceutical or medical articles explicitly intended for the treatment of Parkinson's disease.
The mark was filed in class 44 with following description of goods:
Medical services
Pharmaceutical services
Provision of pharmaceutical information
Advisory services relating to pharmaceuticals
Dietetic advisory services
Preparation of prescriptions by pharmacists
Preparation of prescriptions in pharmacies
Hygienic care for humans
Hygienic and beauty care for human beings or animals
Rental and hiring of objects in relation to the aforesaid services, included in this class
Consultancy and information in relation to the aforesaid services, included in this class
Pharmacies and pharmacy advice, including via the internet
None of the aforesaid services based on pharmaceutical or medical articles explicitly intended for the treatment of Parkinson's disease.