The trademark RE-ON was filed by Michael Utech, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 20, 2021, and received one opposition filed on January 20, 2022 by E.ON SE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LUBBERGER LEHMENT - Rechtsanwälte Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 20, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content, Especially, Software, Especially, Mobile apps, Downloadable media, Especially, Downloadable video recordings, Downloadable podcasts, Downloadable electronic books, Downloadable electronic periodicals, Downloadable electronic magazine articles
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods relating to or for use with movement, temperature, acceleration and position recording apparatus, biometric sensory apparatus, biometric measurement apparatus, electric impedance measurement apparatus or electric energy source management apparatus.
The mark was filed in class 10 with following description of goods:
Physical therapy equipment, Especially Physical therapy equipment, Rehabilitation apparatus and Massage apparatus
Physical therapy equipment, Especially, Apparatus for movement therapy, Especially, Apparatus for walking training
Apparatus for the therapeutic stimulation of the body
Therapeutic devices adapted for persons with disabilities, in particular apparatus for movement therapy
Assistive devices adapted for persons with disabilities
Diagnostic, examination and monitoring apparatus, in particular for assessing a person's disability (in particular restrictions in movement)
Medical apparatus and instruments
Medical furniture and bedding
Medical instruments
Equipment for moving persons with disabilities (in particular patients), in particular lifting devices for persons with disabilities
Prosthetics and artificial implants
Orthopedic articles
Mobility aids
Parts and accessories for all the aforesaid goods, included in this class
None of the aforesaid goods in relation to the following goods: Shock absorbers for medical use, Impact damping materials for medical use, Support bandages, Kinesiology tapes or Medical compression stockings.
The mark was filed in class 28 with following description of goods:
Trampolines, Swimming equipment and Gym balls
Toys, games, and playthings
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Dietetic preparations and nutritional supplements, Medical (human, veterinary and dental) preparations and substances, Pharmaceutical and natural medicines, Especially, Functional and presentational medicines, Sanitary preparations and/or articles and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Diagnostic preparations and materials, Medical dressings, coverings and applicators, including first-aid kits, Dental medical products And Medicated dentifrices, Pest control products and preparations, Air deodorising and purification apparatus And Parts and fittings for all the aforesaid goods
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Recorded data, Especially, Software, Especially, Mobile apps, And Downloadable media, and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Physical therapy equipment, Especially, Apparatus for movement therapy, Apparatus for the therapeutic stimulation of the body, Therapeutic devices adapted for persons with disabilities, assistive devices adapted for persons with disabilities and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Diagnosis, examination and monitoring, Medical apparatus and instruments, Furniture and bed covers for medical purposes, medical devices, Equipment for moving persons with disabilities (in particular patients), clothing, headgear and footwear for medical or therapeutic personnel and patients and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Artificial limbs and artificial implants, Orthopedic articles, Clothing, Headgear and Footwear and rails and props For medical purposes, For therapeutical purposes, Mobility appliances and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Instructional and teaching material, Printed matter and parts and accessories for all of the foregoing
Retail and wholesale services, Especially, Online mail order services, in relation the following goods: Sports goods and equipment, Especially, Springboards, swimming equipment, gym balls, Toys, games and Playthings and parts and accessories for all of the foregoing
Advertising, marketing and promotional services
Commercial trading and consumer information services, anmely, Arranging of contracts, for others (in particular contracts, for others, for the providing of services)
Commercial trading and consumer information services, anmely, Intermediary services in the healthcare sector, Especially, Intermediary services for services in the healthcare sector
Business assistance, management and administrative services
Franchising, anmely Assistance in the running or management of industrial or commercial enterprises (in particular of companies active in the healthcare sector)
Conducting of all the aforesaid services, included in this class, being franchising services
Leasing and rental of objects in connection with the providing of the aforesaid services, included in this class
Information services, Consultancy, Reservations, Relating to the aforesaid services, included in this class
Performance of all the aforesaid services using electronic media and the internet.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services, specifically, Educational services, namely, Tuition, Training, Teaching, Sports services, specifically, Providing of educational, instructional, training and teaching services in the healthcare sector
Providing of non-downloadable audio and visual media via communications networks (in particular in the form of non-downloadable online videos, non-downloadable online podcasts, non-downloadable online books and non-downloadable online magazines and non-downloadable online magazine articles)
Publishing, reporting, and writing of texts, specifically, Publishing, In relation to the following goods: Educational materials, instructional information, Training materials, course materials, books, Magazines, Magazine articles
Leasing and rental of objects in connection with the providing of the aforesaid services, included in this class
Information, consultancy and reservation services relating to the aforesaid services, included in this class
Performance of all the aforesaid services using electronic media and the internet.
The mark was filed in class 44 with following description of goods:
Human healthcare services, Especially, Medical services, Especially, Therapy services, Especially, Physiotherapy, Medical services, Especially, Providing medical diagnostic services, Pharmaceutical services
Health counselling, Especially Medical consultancy, pharmaceutical consultancy and Therapeutic consultancy
Dietetic advisory services
Human hygiene and beauty care
Animal healthcare services
Hygienic and beauty care for animals (animal grooming)
Rental and leasing of objects in connection with the providing of the aforesaid services, included in this class
Information, consultancy and reservation services relating to the aforesaid services, included in this class
Performance of all the aforesaid services using electronic media and the internet.