018740357

JMR PHOENIX

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July 31, 2022

Trademark Summary

The trademark JMR PHOENIX was filed by JMR-Phoenix Holding UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 23, 2022, and received one opposition filed on November 20, 2022 by PHOENIX PHARMA on Likelihood of confusion. the opponent was represented by CABINET @MARK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2022

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Appeal with reference B R0430/2024-2 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on July 15, 2024 by the EUIPO. The Opposition with reference B 003183484 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 21, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 35 with following description of goods:
  
  1. Business administration
  2. Marketing
  3. Advice relating to marketing management
  4. Office functions services
  5. Data processing.
• The mark was filed in class 36 with following description of goods:
  
  1. Real estate affairs
  2. Real estate services
  3. Finance services
  4. Financial planning services
  5. Financing and funding services
  6. Real estate consultancy
  7. Real estate management
  8. Real estate settlement services [financial services].
• The mark was filed in class 41 with Educational services in the healthcare sector.
• The mark was filed in class 43 with Temporary accommodation and Provision of food and drink..
• The mark was filed in class 44 with following description of goods:
  
  1. Providing medical information in the healthcare sector
  2. Public health counseling
  3. Professional consultancy relating to health
  4. Professional consultancy relating to health care
  5. Medical treatment services
  6. Medical care
  7. Medical information
  8. Medical counseling
  9. Medical consultations
  10. Providing medical information
  11. Medical analysis services
  12. Heat therapy [medical]
  13. Medical evaluation services
  14. Medical imaging services
  15. Nursing care
  16. Medical assistance
  17. Dietetic counselling services [medical]
  18. Medical services
  19. Medical examinations
  20. Medical care of feet
  21. Emergency medical assistance
  22. Medical screening
  23. Ambulant medical care
  24. Medical equipment rental
  25. Compilation of medical reports
  26. Services for the provision of medical facilities
  27. Medical examination of individuals
  28. Behavioural analysis for medical purposes
  29. Assisting individuals to stop smoking
  30. Health clinic services [medical]
  31. Health farm services [medical]
  32. X-ray examinations for medical purposes
  33. Medical consultancy relating to hearing loss
  34. Medical counseling relating to stress
  35. Medical treatment services provided by a health spa
  36. Lifestyle counseling and consultancy for medical purposes
  37. Medical and healthcare services
  38. Ultrasound services for medical purposes
  39. Arranging of medical treatment
  40. Medical information retrieval services
  41. Medical spa services
  42. Rental of medical x-ray apparatus
  43. Advisory services relating to medical instruments
  44. Drug screening for medical purposes
  45. Pre-employment drug screening
  46. Drug testing for substance abuse
  47. Medical screening relating to the heart
  48. Advisory services relating to medical problems
  49. Provision of medical services
  50. Health resort services [medical]
  51. Medical analysis services for diagnostic and treatment purposes provided by medical laboratories
  52. Paramedical services
  53. Charitable services, namely providing medical services
  54. DNA screening for medical purposes
  55. Medical services in the field of diabetes
  56. Individual medical counseling services provided to patients
  57. Cultured cell bank services for medical transplantation
  58. Medical services in the field of nephrology
  59. Providing medical advice in the field of dermatology
  60. Providing medical advice in the field of geriatrics
  61. Providing medical advice in the field of weight loss
  62. Medical services in the field of oncology
  63. Optical imaging for medical diagnostic use
  64. Medical tele-reporting [medical services]
  65. Medical assistance consultancy provided by doctors and other specialized medical personnel
  66. Services for the preparation of medical reports
  67. Mobile medical clinic services
  68. Medical services for treatment of the skin
  69. Provision of medical information relating to poisons
  70. Advisory services relating to medical services
  71. Medical services, namely, in vitro fertilization
  72. Preparation of psychological profiles for medical purposes
  73. Psychological testing for medical purposes
  74. Genetic testing for medical purposes
  75. Rental of equipment for medical purposes
  76. Medical advice for individuals with disabilities
  77. Medical house call services
  78. Psychometric testing for medical purposes
  79. Medical information services provided via the Internet
  80. Medical screening services relating to cardiovascular disease
  81. Alcohol screening for medical purposes
  82. Rental of beds specially made for medical treatment purposes
  83. Medical testing for diagnostic or treatment purposes
  84. X-ray imaging for medical purposes
  85. Consultancy and information services relating to medical products
  86. Medical and healthcare clinics
  87. Medical analysis services relating to the treatment of persons provided by a medical laboratory
  88. Regenerative medicine services
  89. Analysis of human serum for medical treatment
  90. Medical advice in the field of pregnancy
  91. Medical services for the treatment of skin cancer
  92. Medical treatment services provided by clinics and hospitals
  93. Medical diagnostic services
  94. Health care services for treating Alzheimer's disease
  95. Health care consultancy services [medical]
  96. Medical clinic day care services for sick children
  97. Providing medical information in the field of geriatrics
  98. Providing medical information in the field of dermatology
  99. Providing medical information in the field of weight loss
  100. Charitable services, namely, providing medical services to needy persons
  101. Preparation of reports relating to medical matters
  102. Conducting sleep studies for medical diagnostic or treatment purposes
  103. Advisory services relating to medical apparatus and instruments
  104. Providing information relating to medical services
  105. Drug, alcohol and DNA screening for medical purposes
  106. Medical testing services, namely, fitness evaluation
  107. Medical health assessment services
  108. Provision of medical facilities at sporting events
  109. Providing online medical record services other than dentistry
  110. Medical analysis services for the diagnosis of cancer
  111. Providing news and information in the field of medicine
  112. Medical services for the treatment of conditions of the human body
  113. Medical services for the diagnosis of conditions of the human body
  114. Medical analysis services for cancer diagnosis and prognosis
  115. Medical analysis services relating to the treatment of patients
  116. Medical laboratory services for the analysis of samples taken from patients
  117. Medical analysis for the diagnosis and treatment of persons
  118. Medical analysis services relating to the treatment of persons
  119. Medical services in the field of treatment of chronic pain
  120. Medical laboratory services for the analysis of blood samples taken from patients
  121. Medical examination of individuals (Provision of reports relating to the -)
  122. Advice relating to the medical needs of elderly people
  123. Rental of medical and health care equipment
  124. Rental of apparatus and installations in the field of medical technology
  125. Medical and health services relating to DNA, genetics and genetic testing
  126. Providing nutritional information about food for medical weight loss purposes
  127. Providing nutritional information about drinks for medical weight loss purposes
  128. Medical care and analysis services relating to patient treatment
  129. Providing medical support in the monitoring of patients receiving medical treatments
  130. Medical services relating to the removal, treatment and processing of bone marrow
  131. Medical services relating to the removal, treatment and processing of stem cells
  132. Medical services relating to the removal, treatment and processing of umbilical cord blood
  133. Medical services relating to the removal, treatment and processing of human cells
  134. Medical services relating to the removal, treatment and processing of human blood
  135. Providing information relating to the rental of medical machines and apparatus
  136. Medical testing services relating to the diagnosis and treatment of disease
  137. Medical consultancy for selecting appropriate wheelchairs, commodes, invalid hoists, walking frames and beds
  138. Medical evaluation services for patients receiving rehabilitation for purposes of guiding treatment and assessing effectiveness.