The trademark IMPACT BY ONE MEDICAL was filed by Amazon Technologies, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 19, 2023, and received one opposition filed on October 18, 2023 by Bergman Clinics Medical One GmbH on Likelihood of confusion. the opponent was represented by Waltemathe, Arved and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising services
Business management
Business administration
Providing office functions
Appointment scheduling services
Business administrative services for medical referrals
Providing health care provider directories
Processing online and telephone orders for prescriptions
Ordering, fulfillment, and management services for prescriptions
Distributorship services in the field of prescription drugs for telemedicine providers
Retail store and online retail store services featuring pharmaceutical preparations, sanitary preparations, medical supplies, personal care products, and healthcare products
Providing online consumer product information for the purpose of selection of pharmaceuticals, medications, diagnostic tests, and other medical products
Promoting the sale of goods and services of others through electronic couponing, promotions and discounts
Medical claims management services
Providing information on the topic of promoting patient, physician and employee satisfaction via a global computer network
Doctors' appointment reminder services
Electronic data collection and data submission services for business purposes in the fields of medicine and health care
Business intermediary services relating to the pharmacy industry, namely cost benefit management services
Retail pharmacy services in connection with the sale of pharmaceuticals, pharmaceutical preparations, sanitary preparations, medications, medical supplies, and diagnostic tests
Online retail services in connection with the supply of prescription drugs to telemedicine participants
Retail store and online retail store services in connection with the sale of pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, dietary supplements for humans and animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, ointments for pharmaceutical purposes, lotions for pharmaceutical purposes, balms for medical purposes, scientific, nautical, surveying, photographic, cinematographic,optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, magnetic data carriers, recording discs, digital recording media, calculating machines, data processing equipment, computers, computer software, computer software for transmitting, storing, manipulating, organizing recording, and reviewing text, images, audio, video and data, including via global computer networks, wireless networks, and electronic communications networks, computer software for accessing online information, computer software for online shopping, computer software for facilitating payments and online transactions, computer software that provides retail and ordering services for a wide variety of consumer goods, surgical, medical, dental and veterinary apparatus and instruments, medical apparatus and instruments, medical apparatus for facilitating the inhalation of pharmaceutical preparations, inhalers for medical use, cups for dispensing medicine, testing apparatus for medical purposes, containers, not of metal, for storage or transport, commercial dispensers for pills or capsules, sold empty, plastic medication containers, medical storage apparatus, namely, plastic pill dispensers, plastic pill containers, medication cases, and non-metal plastic boxes for storing pills and medication, personal dispensers for pills or capsules for domestic use, personal medical storage apparatus, namely, plastic pill dispensers, plastic containers for storing and organizing medications and vitamins, and non-metal boxes for storing pills, lotion containers sold empty for domestic use
Administrative services relating to medical referrals
Administrative services relating to doctor referrals
Administrative services relating to hospital referrals.
The mark was filed in class 38 with following description of goods:
Telecommunications services
Enabling telecommunications between patients and health care providers
Enabling telecommunications between patients and health care providers via global and local computer networks in connection with providing and receiving medical care, medical questionnaires, medical information, information about health care, pharmaceutical prescription services and medical records
Transmission of voice, audio, data, graphics, and video
Transmission of voice, audio, data, graphics, and video between patients and health care providers via global and local computer networks in the fields of medicine, medical care, health care, health, wellness, diagnostics, laboratory testing, virtual health care, pharmaceutical prescription services, and health care administration
Data streaming
Data streaming between patients and health care providers via global and local computer networks
Streaming of video on the Internet
Electronic exchange of medical records across a nationwide health information network
Providing a web site for synchronous and asynchronous communication and for connection of physicians with their patients
Providing users with asynchronous and synchronous access to health care professionals.
The mark was filed in class 42 with providing a website featuring information in the field of laboratory testing.