The trademark VITALMINDZ was filed by Vitalmindz B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 27, 2023, and received one opposition filed on November 26, 2023 by GIE SESAM VITALE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ALAIN BENSOUSSAN SELAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 26, 2023
The application was filed in Dutch, and Dutch 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:
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspection, life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
Coin-operated mechanisms
Electronic instructional and teaching apparatus and instruments
Workforce management software
Education software
Software
Mobile apps
Electronic publications
Scientific research and laboratory apparatus, educational apparatus and simulators
None of the aforementioned goods for the purpose of enabling the identification and authentication of insured persons, healthcare professionals and organizations or establishments providing procedures or services reimbursable by health insurance organizations
None of the aforementioned goods for the purpose of enabling the collection, storage, management, processing, transmission and exchange of personal data, health data, medical or social data, healthcare forms or claims for reimbursement of healthcare acts or services
None of the aforementioned goods for the purpose of enabling the consultation and management of online personal files relating to the reimbursement of acts or benefits reimbursable by health insurance organizations (including medical or pharmaceutical files)
None of the aforementioned goods for the purpose of enabling access to care or telemedicine products or services, provided under the health insurance system.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organisation and administration of commercial affairs
Administrative support and data processing services
Human resources management and recruitment services
Business consultancy and advisory services
Management advice relating to the recruitment of staff
Psychological testing for the selection of personnel
Public relations services
Business analysis and information services, and market research
Provision and rental of advertising space, time and media
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Training
Entertainment services
Sporting and cultural activities
Vocational education and training services
Providing of training facilities
Compilation and providing of training, courses and workshops
Personnel training
Coaching
Arranging and conducting of conferences, seminars, congresses, symposiums, lectures and other such educational activities
Publishing, lending and dissemination of newsletters, books, newspapers, magazines, brochures, leaflets, printed matter and other texts and publications
Organization of trade fairs and exhibitions for educational purposes
Information and consultancy relating to the aforesaid services
Allthe aforesaid services whether or not provided via electronic channels,including the Internet.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Programming of software for Internet portals, chatrooms, chat lines and Internet forums
Hosting services, software as a service, and rental of software
Scientific research, For psychotherapeutic purposes
Scientific research and Conducting of scientific studies, in the following fields: Development of methodologies for people with mental health problems
Design and development of diagnostic apparatus
Design and development of medical diagnostic apparatus
Development of measuring and testing methods
Technical measuring and testing
Quality checking
Design and development of computer hardware and software for supplying and processing data
Design of interactive digital applications for websites and social media platforms
Design and development in the field of information and communication technologies
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet
None of the aforementioned services for the purpose of enabling the identification and authentication of insured persons, healthcare professionals and organizations or establishments providing procedures or services reimbursable by health insurance organizations
None of the aforementioned services for the purpose of enabling the collection, storage, management, processing, transmission and exchange of personal data, health data, medical or social data, healthcare forms or claims for reimbursement of healthcare acts or services
None of the aforementioned services for the purpose of enabling the consultation and management of online personal files relating to the reimbursement of acts or benefits reimbursable by health insurance organizations (including medical or pharmaceutical files)
None of the aforementioned services for the purpose of enabling access to care or telemedicine products or services, provided under the health insurance system.
The mark was filed in class 44 with following description of goods:
Medical services
Animal healthcare services
Hygienic and beauty care for human beings or animals
Agriculture, horticulture and forestry services
Medical services
Mental healthcare services
Psychotherapy services
Psychological diagnosis services
Psychological counselling and treatment services
Psychological evaluations and Psychological testing
Conducting of psychological assessments and examination
Medical tests relating to the diagnosis and treatment of diseases
Psychological consultancy for personnel
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.