The trademark MedTalk was filed by Virtualis AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 16, 2022, and received one opposition filed on May 30, 2022 by MEDtalks Nederland B.V. on Likelihood of confusion. the opponent was represented by NLO SHIELDMARK B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 30, 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 professional address of the trademark registration was recorded on October 2, 2023.
The Opposition with reference B 003171958 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Natural cosmetics.
The mark was filed in class 5 with following description of goods:
Natural remedies
Extracts of medicinal herbs
Natural ointments
Natural dietary supplements.
The mark was filed in class 28 with activity toys for children, Moving toys For use by adults and Training apparatus for supporting natural movement processes..
The mark was filed in class 30 with following description of goods:
Natural honey
Agave syrup
Natural sweeteners
Bee products for food
Oat-based food
Jasmine tea bags, other than for medicinal purposes.
The mark was filed in class 35 with following description of goods:
Organisation of trade fairs for commercial or advertising purposes
Arranging and conducting of trade fairs, Including on the Internet, Especially, in relation to the following fields: Medical technology, Pharmacy, Therapy, pharmaceutical therapy
Rental of advertising space on websites for others
Arranging commercial transactions, for others, including on the Internet
Wholesaling, retailing and mail order, for the benefit of others, in relation to the following goods: Natural cosmetics, Natural remedies, Natural dietary supplements, Moving toys, exercise equipment, Natural sweeteners, Goods derived from apiculture, Food Based on oats, Jasmine tea bags, Other than for treatment purposes, Wholesaling, retailing and mail order, for the benefit of others, in relation to the following goods: Technical medical goods, Including on the Internet
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Telecommunications services, in particular provided via portals or platforms on computer networks and on the internet
Providing access to data in computer networks vis the Internet, Especially, in relation to the following fields: web pages, databanks, Portals, Via social networks, Platforms, E-commerce platforms
Providing access to social networks, Via computer networks, On the Internet
Providing of chatrooms, discussion forums, chat lines on computer networks and on the internet
Providing of access to platforms on computer networks and on the internet
Data transmission, Via computer networks, Online
Transmission of audio visual content, Transmission of multimedia content, Via computer networks, Online
Live transmissions accessible via home pages on the internet [webcam]
Streaming of data
Streaming of audiovisual content or multimedia content on computer networks and on the internet
Electronic exchange of messages by means of chatrooms, discussion forums, chat lines, platforms, online blogs on computer networks and on the internet, in particular between computer users
Provision of telecommunications connections for telephone chat lines
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 44 with following description of goods:
Providing of information relating to natural lifestyles for health purposes, including on the internet or by telephone
Providing of information, Providing of information, in relation to the following fields: Natural nutrition, Movement, wellness (health), Natural therapies, Also provided via the Internet, The aforesaid services also provided by telephone
Services, in relation to the following fields: Kinesitherapy