The trademark First 8 was filed by Apollon Fulfillment GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on October 21, 2021 by Aurora Gesundheit GmbH on Likelihood of confusion. the opponent was represented by THS.IP Taxhet Hellenbrand Schmitt Rechtsanwälte in Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 21, 2021
The application was filed in German, and German 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 November 4, 2021.
The Opposition with reference B 003156876 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business consultancy and professional business consultancy, in particular for pharmacies, chemists' shops, medical practices, hospitals and dispatch centres and in particular with regard to managment of turnover, costs and output
Public relations services
Arranging contracts for the buying and selling of goods and the provision of services, for others
Information on professional business matters on the Internet
Business management and business administration, for others, in particular for pharmacies, chemists' shops, medical practices, hospitals, dispatch centres
Business organization consultancy
Sales promotion for others
Market research
Stock management
Arranging of commercial transactions, for others, includng within the framework of e-commerce
Arranging of trading and economical contacts, also over the Internet
Procurement services for others [purchasing goods and services for other businesses]
Price comparison services for goods and services
Cost price analysis
Drawing up of statement of accounts (office functions)
Administrative processing of purchase orders
Invoicing, payment monitoring and dunning, for others (office functions)
Accounting for electronic order systems
Data acquisition (office functions) for the placing of orders, and for the submission, management and billing of electronic prescriptions
Drawing up inventories for others
Retailing via the internet and via mail order of pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, chemicals for medical and veterinary purposes, surgical, medical, dental and veterinary apparatus and instruments, orthopaedic articles and dietetic food and the bringing together of goods for sales purposes
Advertising, including via the Internet
Television advertising
Radio advertising
Advertising by mail order
Advertising agency services
Dissemination of advertising matter
Online advertising on a computer network
Rental of advertising time on communication media
Rental of advertising material and advertising space, including on the internet
Attracting customers and customer care by means of mail advertising (mailings)
Demonstration of goods
Presentation of goods and services and presentation of companies, including on the Internet and other communication media
Collection of goods, for others, for presentation and sales purposes
Distribution of samples
Distribution, in relation to the following fields: Publicity material, Especially, Flyers, Prospectuses, Printed matter, Samples, Posters, Magazines, Stationery, writing instruments, Decorative articles, Playthings
Updating of advertising material
Publication and drafting of publicity texts
Publicity material rental
Arranging advertising contracts for others
Publicity columns preparation
Shop window dressing
Personnel management consultancy
Employment agency services
Updating, maintenance, organisation and compilation of data into computer databases
Management of all the aforesaid services, including using electronic media and the Internet
Commercial or industrial management assistance.
The mark was filed in class 44 with following description of goods:
Medical and veterinary services, including via the Internet
Information and consultancy in the pharmacy sector, namely provided by a pharmacist or chemist, including via the Internet
Pharmacy services, namely the preparation of pharmaceutical formulations and medicines for others on the basis of doctors' prescriptions
Chemist shop services, namely the preparation of medical prescriptions, for others
Health and nutrition consultancy, in particular in the field of care and hygiene for invalids and babies, including via the internet
Hygienic and beauty care for human beings or animals
Conducting medical tests
Medical analysis performed by a medical laboratory relating to the treatment of persons.