The trademark recare was filed by Recare Deutschland GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 31, 2023, and received one opposition filed on October 24, 2023 by Shop-Apotheke B.V. on Likelihood of confusion. the opponent was represented by LFR Laukemann Former Rösch Rechtsanwälte Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision of telecommunications access to databases and the internet
Providing access to information via data networks
Providing access to information via the Internet
Providing access to information on the Internet
Providing an electronic mailbox
Providing email notification alerts via the internet
Providing on-line electronic bulletin board services and chat rooms
Providing Internet chatrooms and Internet forums
Provision of communication facilities for the interchange of data by electronic means
Electronic order-transmission
Electronic file transfer
Electronic transmission of data
Electronic communication service by means of computer
Electronic transmission of messages, data and documents
Electronic data interchange services
Transfer of information and data via online services and the Internet
Communications services provided over the Internet
Transmission of data by electronic means
Provision of access to an electronic marketplace [portal] on computer networks
Telecommunication gateway services
All the aforesaid services solely relating to a software as a service platform for the discharge and transition management of patients in health care and for arranging follow-up care facilities.
The mark was filed in class 42 with following description of goods:
Providing temporary use of non-downloadable business software
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of web-based software
Providing temporary use of non-downloadable software
Electronic data storage
Electronic storage of documents
Hosting services, software as a service, and rental of software
Hosting of e-commerce platforms on the Internet
Hosting of communication platforms on the internet
Online data storage
Providing online, non-downloadable software
Software as a service [SaaS]
Rental and maintenance of computer software
Rental of software
Rental of computer programs
Temporary electronic storage of information and data
All the aforesaid services solely relating to a software as a service platform for the discharge and transition management of patients in health care and for arranging follow-up care facilities.
The mark was filed in class 44 with following description of goods:
Physician services
Residential medical treatment services
Residential medical advice services
Advisory services relating to medical services
Consultancy and information services relating to medical products
Hospital services
Issuing of medical reports
Providing medical information
Geriatric nursing
Nursing, medical
Individual medical counseling services provided to patients
Medical information
Nursing care
Palliative care
Provision of medical services
Compilation of medical reports
All the aforesaid services solely relating to a software as a service platform for the discharge and transition management of patients in health care and for arranging follow-up care facilities.