The trademark TMR Therapie Medica Rehabilitation was filed by METH MEDIA Verlagsgesellschaft m.b.H., a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on October 17, 2023, and received one opposition filed on January 14, 2024 by null on Likelihood of confusion. the opponent was represented by KAILUWEIT & UHLEMANN PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 14, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on February 4, 2024.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medical preparations and articles
Sanitary preparations and articles
Hygienic preparations and articles
Pharmaceuticals and natural remedies
Diagnostic preparations and materials
Medical dressings, coverings and applicators
Diagnostic agents for medical use.
The mark was filed in class 10 with following description of goods:
Clothing, headgear and footwear for medical personnel and patients
Clothing, headgear and footwear, braces and supports, for medical purposes
Body rehabilitation apparatus for medical purposes
Electronic stimulation apparatus for physiotherapy
Acupressure bands
Apparatus for electrical muscle stimulation
Apparatus for use in exercising muscles for medical use
Apparatus for use in toning muscles for medical rehabilitation
Respiratory therapy instruments
Chiropractic instruments
Computer controlled training apparatus for therapeutic use
Computer controlled exercise apparatus for therapeutic use
Therapeutic and assistive devices adapted for persons with disabilities
Physical exercise apparatus for therapeutic use
Apparatus for achieving physical fitness [for medical use]
Infrared radiator units for therapeutic purposes
Exercise machines for therapeutic purposes
Heat treatment apparatus
Exercising apparatus for medical rehabilitative purposes
Invalid walkers
Mobility aids.
The mark was filed in class 35 with following description of goods:
Publication of publicity texts
Advertising, marketing and promotional services
Consumer information and Commercial services, Namely of bringing together, for others, of a variety of services, Namely of Auctioneering services, Mediation services in relation to business matters, Organising of business contacts, Organisation of collective buying, Import and export services, Negotiation and mediation services, Ordering services, Price comparison services, Procurement services, for others, Subscription services, Enabling customers to conveniently compare and purchase those services
Business assistance, management and administrative services
Business analysis, research and information services
Publication of printed matter (including in electronic form), for advertising purposes
Advertising agency services, Especially Media consultancy, Advertising with printed media, Business management
Market research, market studies, Opinion polling, Business research, Public relations services
Organization of fashion shows for promotional purposes
Presentation of goods on communication media, for retail purposes
News clipping services
Shop window dressing
Word processing
Sales promotion for others
Arranging newspaper subscriptions for others
Office functions
Business investigations
Consumer consultancy
Providing business information via a web site
Compilation of statistics
Economic forecasting
Sponsorship search
Arranging sponsor agreements for advertising purposes
Provision of an online marketplace for buyers and sellers of goods and services
Wholesaling and retailing in the product fields of horological and chronometric instruments and parts therefor, jewellery, precious stones
Business consultancy, in particular franchise consultancy
Business management, In particular business management for franchise systems
Business administration
Invoicing
Business management consultancy
Commercial or industrial management assistance
Business merger services, Business consultancy and advisory services, in relation to the following fields: Purchasing associations.
The mark was filed in class 44 with following description of goods:
Medical services
Spa centres, services provided by convalescent homes, Rest home services
Health centre services
Nutrition consultancy and dietary advice
Therapeutic services, For examples Physical therapy, physiotherapy and Speech therapy
Outpatient and inpatient medical care
Nursing home services
Therapy services
Massage
Health care relating to therapeutic massage
Physical rehabilitation
Physiotherapy
Lymphodrainage services
Electro therapy services for physiotherapy
Heat therapy [medical]
Cryotherapy services
Shockwave therapy
Osteopathy
Medical services, in relation to the following fields: Osteopathy
Outpatient services information
Dentistry, Optometric services and services for psychological health