The trademark GESTALTMATCHER was filed by FDNA Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on May 2, 2023, and received one opposition filed on July 16, 2023 by GeneTalk GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 16, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2024.The first Cancellation was filed by GeneTalk GmbH (represented by TIGGES RECHTSANWÄLTE PARTNERSCHAFT MBB) on September 4, 2024 and Adversarial proceedings are ongoing.
Appointment and Replacement of representative of the trademark registration was recorded on March 25, 2024. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on September 10, 2024. Appointment and Replacement of representative of the trademark registration was recorded on September 24, 2024.
The Opposition with reference B 003199647 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on December 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable and recorded computer application software for mobile phones, computers and web applications, namely, software for use in analyzing medical conditions and performing genetic analysis
Downloadable and recorded computer application software for mobile phones, computers and web applications, namely, image analysis software for detection of genetic syndromes
Downloadable and recorded computer application software for mobile phones, computers and web applications, namely, software algorithms supporting health data analysis for treatment and diagnostic purposes
Downloadable and recorded computer application software for mobile phones, computers and web applications, namely, software algorithms for searching a database of health-related information.
The mark was filed in class 42 with following description of goods:
Software-as-a-service, namely, software for use in analyzing medical conditions and performing genetic analysis
Software-as-a-service, namely, image analysis software for detection of genetic syndromes
Software-as-a-service, namely, algorithms supporting health data analysis for treatment and diagnostic purposes
Software-as-a-service, namely, providing cloud-based software algorithms for searching a database of health-related information.
The mark was filed in class 44 with following description of goods:
Genetic counseling
Genetic testing for medical purposes
Medical assistance services in the nature of medical information provided to medical professionals from remote locations via the Internet and global computer networks through the use of archived medical images and a data storage and retrieval system
Health care services, namely, providing a database in the field of genetic syndromes information and featuring inputting and collection of data and information all for treatment and diagnostic purposes
Screening services in the field of genetic diseases
Medical services in the field of genetics
Medical testing services relating to the diagnosis and treatment of disease
Medical analysis for the diagnosis and treatment of persons
Providing on-line medical record analysis services designed to provide patients with custom tailored information about the range of possible diagnoses and therapies associated with a defined set of symptoms
Providing medical profiles and medical record analysis and assessments via a website that are designed to provide custom tailored outputs about recommended resources and treatments associated with a defined set of symptoms and concerns.