The trademark DOCBAY was filed by Mikael Araújo de Freitas, a national of the Portuguese Republic (the "Applicant"). The application was published for oppositions on May 2, 2023, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on July 16, 2023 by DOCUBAY MEDIA PRIVATE LIMITED on Likelihood of confusion. the opponent was represented by ZIVKO MIJATOVIC & PARTNERS and its proceedings were handled in English The second opposition filed on July 15, 2023 by eBay Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and its proceedings were handled in English
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 11, 2024. Appointment and Replacement of representative of the trademark registration was recorded on March 21, 2024. Change of name and professional address of the trademark registration was recorded on June 3, 2024.
The Opposition with reference B 003199547 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Confirming scheduled appointments for others in relation to medical services only
Computerized management of medical records and files
Administrative services for medical referrals
Appointment scheduling services [office functions] in relation to medical services only
Telephone answering and message handling services in relation to medical services only
Appointment reminder services [office functions] in relation to medical services only
Data processing services in the field of healthcare
Administrative services relating to the referral of patients
All the above mentioned services in relation to medical services only.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Information services relating to telecommunications
Transmission of data through the use of electronic image processing by telephone link
Transfer of information and data via online services and the Internet
Information about telecommunication
Communications by computer terminals
Communication via computer terminals, by digital transmission or by satellite
Communications by telephone
Radio communications
Mobile communications services
Providing telecommunications connections to a global computer network
Providing online forums
Data bank interconnection services
Providing telecommunications connections to databases
Providing access to platforms on the Internet
Providing internet chatrooms
News agency services
Rental of telecommunication equipment
Radio and television broadcasting
Teleconferencing and video conferencing services
Electronic messaging
Rental of access time to global computer networks
Digital transmission of data via the Internet
Provision of access to data via the Internet
Communication services between data banks
Telecommunications services to obtain information from data banks
Transmission of information by computer
Electronic transmission of data
Data transmission
Broadcasting and transmission of television programs
Message sending
Message collection and transmission services
Electronic message collection and transmission
Electronic transmission of messages
Computer aided transmission of messages
Providing access to platforms and portals on the Internet
Providing access to Internet portals for third parties
Communication of information by computer
Transmission of data, messages and information
Providing access to and leasing access time to computer networks
Leasing access time to web sites [isp's]
All the above mentioned services in relation to medical services only.
The mark was filed in class 42 with following description of goods:
Programming of software for database management
Providing search engines for obtaining data via communications networks
Providing Internet search engines with specific search options
Design, maintenance, development and updating of computer software
Design, development and programming of computer software
Design, maintenance and up-dating of computer software
Design of communication systems
Design and development of computer database programs
Design and development of computer database software
Computer programming for the internet
Computer programming and maintenance of computer programs
Data warehousing
Design, creation, hosting and maintenance of websites for others
Assessment in the field of technology provided by engineers
Assessment in the field of science provided by engineers
Scientific research
Technical research
Installation, maintenance, updating and upgrading of computer software
Installation and maintenance of computer programs
Installation, setting up and maintenance of computer software
Creation, maintenance and adaptation of software
Creating, maintaining, and modernizing computer software
Consultancy and information services relating to the design, programming and maintenance of computer software
Creation, updating and adapting of computer programs
Research and development of new products for others
Conducting technical project studies
Computer software design
Computer system analysis
Computer system design
Consultancy in the field of computers
Digitization of documents
Software as a service [SaaS]
Information technology [IT] consultancy
Server hosting
Hosting platforms on the Internet
Providing search engines for obtaining data on a global computer network
Providing search engines for the internet
Search engine design services
Operating search engines
Electronic data storage
Application service provider services
Application service provider [ASP], namely, hosting computer software applications of others
Cloud computing
Development of databases
Design of computer databases
All the above mentioned services in relation to medical services only.
The mark was filed in class 44 with following description of goods:
Medical consultations
Medical services
Physician services
Human hygiene and beauty care
Beauty care for human beings
Hygienic and beauty care for animals
Medical assistance
Medical assistance consultancy provided by doctors and other specialized medical personnel
Medical clinic services
Plastic surgery
Nursing home services
Hospital services
Convalescent home services
Rest home services
Opticians' services
Alternative medicine services
Beauty salon services
Hair salon services
Professional consultancy relating to health
Providing health information
Provision of health information
Health advice and information services
Health care consultancy services [medical]
Providing health care information by telephone
Nutrition counseling
Telemedicine services
Animal healthcare services
Outpatient and inpatient care services
Medical information
Medical treatment services
Medical equipment rental
Medical counseling
Provision of medical services
Health counselling
Dental assistance
Dental clinic services
Oral medical care services
Advisory services relating to pharmaceuticals
Consultancy and information services provided via the Internet relating to pharmaceutical products
Consultancy and information services relating to pharmaceutical products
Providing information relating to veterinary services