The trademark B-neXt Care was filed by Health Integration Technology, a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on October 24, 2019, and received one opposition filed on January 19, 2020 by MARCANDITA, S.L. on Likelihood of confusion. the opponent was represented by BAYLOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 19, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on April 6, 2020.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Calculating machines, data processing equipment, computers
Downloadable applications
Communications software for electronically exchanging data, audio, video, images and graphics via computer, mobile, wireless, and telecommunication networks
Applications for tablets and mobile telephones or any other computer media
Software for mobile telephones and tablets or any other computer media
Computer software, recorded
Programs for mobile telephones and tablets
Software for accessing, connecting, developing and managing software
Application software
Computer software which facilitates online services for social networking, Social networking software (applications) for allowing data retrieval, upload, download, access and management
Computer software for uploading, downloading, accessing, publication, display, tagging, blogging, dissemination, linking, sharing or otherwise providing of electronic content or information via communications and computer networks
Computer software for searching, compiling, indexing and organising information on computer networks
Computer software for creating indexes of information, indexes of websites and indexes of other information sources
Electronic media or information recorded via computers, on the internet and on communications networks
Applications software
Computer software applications, downloadable
Applications software for mobile telephony apparatus
Software for integration of applications and databases
Computer software for controlling and managing access server applications
Computer software applications for managing medical data
All the aforesaid products in relation to the medical and health field as part of a preventive medical programme.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Arranging newspaper subscriptions
Assistance in management of business activities
Business management and organization consultancy
Business management consulting
Business expertise
Business information
Business inquiries
Commercial information agencies
Advertising agencies
Dissemination of advertising matter
Sample distribution
Direct mail advertising
Rental of advertising space
Rental of advertising time on all means of communication
Publication of publicity texts
Publicity columns preparation
Updating of advertising material
On-line advertising on a computer network
Advertising by mail order
Sales promotion for others
Document reproduction
Computerized file management
Data searches in computerised files
Advertising and information distribution services, namely, providing classified advertising space via the global computer network
Compilation and management of on-line computer databases and on-line searchable databases
Promotional services on behalf of others
Promotional services in the form of online entertainment and education
Promotional services in the form of sharing multimedia content via the internet and other communications and computer networks
Marketing, advertising and promotional services
Market studies and information relating thereto
Promotion of goods and services of others via computer and communications networks
Interactive archiving in relation to risk management, in particular to medical and health risk management
All the aforesaid services relating to the medical and health field as part of a preventive medical programme.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Physical storage of electronically-stored data or documents
Rental of storage facilities
Consultancy in the field of storage provided by telephone call centres and telephone helplines
Consultancy relating to warehousing
Physical storage of databases, images and other electronic data stored electronically
Physical storage of data, documents, video games, videos, images, music and digital photographs stored electronically
Physical storage of electronically stored digital data, photographs, audio and image files
Physical storage of electronically stored digital video files
Physical storage of electronically stored digital photographs
Physical storage of electronically stored digital images.
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Hygienic and beauty care for human beings or animals