The trademark ERGO International was filed by ERGO Group AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 18, 2007, and received one opposition filed on May 17, 2007 by Gruppo Buffetti S.p.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by INTERPATENT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2007
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on September 3, 2013.
Change of name and professional address of the trademark registration was recorded on April 23, 2012. Appointment and Replacement of representative of the trademark registration was recorded on July 7, 2013. Appointment and Replacement of representative of the trademark registration was recorded on January 12, 2014. Appointment and Replacement of representative of the trademark registration was recorded on February 2, 2014. Change of name and address of the trademark registration was recorded on May 25, 2016. Change of name and address of the trademark registration was recorded on September 20, 2018.
The Opposition with reference B 001162072 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on September 27, 2009 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management services
Business administration, including management of a centre for medical coordination on a national and international level, and management of translation centres
Business consultancy, in particular in the fields of organisation, administration, data processing and the Internet and with regard to professional business matters
Office functions, including management of training materials and information via the Internet, including drawing up guidelines for securing a standard level of treatment through networked doctors, including creating national and international directories of service providers, in particular in the fields of insurance, healthcare, real estate affairs and finance, arranging sales and billing therefor (online shopping) on computer networks and/or other electronic sales channels
Arranging contracts for the buying and selling of goods and the providing of services by means of virtual marketplaces on electronic media, in particular on the Internet
Arranging and concluding of commercial transactions, for others, in particular within the framework of an electronic department store
Collating of data in computer databases, including the creation of national/international directories of service providers, in particular in insurance, healthcare, real estate and financial affairs
Personnel affairs, namely personnel selection for others
Purchasing of remedies and aids, for others
International central purchasing of remedies and aids, for others
Conducting customer surveys, in particular surveys of insured persons
Advertising initiatives and public relations activities to attract both doctors and patients to participate in a doctors network
Arranging of memberships to sports clubs
Providing of care and support personnel
Organisational and personnel consultancy with regard to setting up an institution
Benefits processing in the field of healthcare
Marketing, market research, opinion polling, public relations, employment agencies, personnel recruitment, personnel management consultancy, organisation of exhibitions and trade fairs for commercial or advertising purposes, sales promotion (for others)
Operating and managing an Internet marketplace
Operating call centres
Providing, operation and management of online shops in the field of insurance, healthcare, real estate affairs and finance
Management and updating of databases in the field of insurance, healthcare, real estate affairs and finance
Gathering, storage and updating of data of all kinds, messages and information
Data storage and data processing, for others
Management of hospitals, sanatoriums, clinics, rehabilitation centres, retirement homes, nursing homes and other medical establishments
Gathering and providing of addresses of doctors, hospitals, pharmacists and healthcare institutions on electronic data carriers, in particular on CD-ROMs, on electronic media, in particular on the Internet and for online services, and on printed matter
Management of doctors surgeries and hospitals
Protection, care, precautionary measures and consultancy for customers and employees from other companies with regard to work, travel and diseases, all the aforesaid services in respect of organisational matters.
The mark was filed in class 36 with following description of goods:
Insurance, including insurance brokerage
Financial affairs
Monetary affairs
Real estate affairs
Real estate brokers, real estate agencies, real estate management
Computer-aided electronic information and transaction services for public and private users for the aforesaid services
Issuing of magnetic and/or chip cards
Administration and billing in respect of magnetic and/or chip cards and other computer-aided documents relating to the services in class 36
Consultancy in the field of insurance, healthcare, real estate affairs and finance, in particular consultancy for the insured, doctors and pharmacists, hospitals, insurance companies, pharmaceutical companies, public bodies, government agencies and other healthcare groups, service providers and companies
Providing consultancy services via the Internet in the field of insurance, financial affairs and real estate affairs
Financial consultancy with regard to social security systems, in particular with regard to health insurance systems
Financial consultancy on international healthcare systems, in particular on healthcare provision, prevention and immunisation
Financial sponsorship for invalids
Financial promotion of scientific and industrial research
Financial promotion of research and education, in particular for the setting up of medical schools
Sponsoring (financial support) of scientific work and other financial promotion of medical and medical/technical innovations
Rental, leasing and providing of apartments and houses, in particular to invalids, disabled people and the elderly
Operating call centres in the fields of insurance, healthcare, real estate affairs and finance
Providing databases in the field of insurance, healthcare, real estate affairs and finance
Promotion of scientific, in particular medical trainees by awarding grants and other comparable initiatives
Fiscal consultancy with regard to issues of healthcare provision
Patronage of medical congresses (financial sponsorship)
Protection, care, precautionary measures and consultancy for customers and employees from other companies with regard to work, travel and diseases, all the aforesaid services in respect of financial matters
Consultancy for companies with regard to the social security and healthcare schemes applicable to their employees working abroad.
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
Legal services
Issuing of user rights (licences) to others
Computer programming, in particular in the fields of financial affairs, insurance, real estate and healthcare, and for international systems of quality control in the field of medicine
Updating of computer software
Computer and Internet consultancy, computer systems analysis
Rental and maintenance of computer software
Leasing of data-processing installations
Technical aspects of the setting up of homepages on the Internet, in particular information portals on the Internet and/or Internet marketplaces, in particular in the fields of insurance, healthcare, real estate and/or financial affairs, namely the configuration of the appropriate software
Providing, operation and management of computer networks in the field of insurance, healthcare, real estate affairs and finance
Maintenance of databases in the field of insurance, healthcare, real estate affairs and finance
Development of magnetic and chip cards and other computer-aided insurance, healthcare and financial documents
Mathematics, computer programming and information technology services
Providing of computer programs on data networks such as the Internet
Computer programming, namely construction and maintenance of networks (software)
Creation and maintenance of websites, rental of webservers and/or providing memory space on the Internet
Rental and maintenance of memory space for websites, for others (hosting)
Providing computer software for call centres and hotline systems
Research in the fields of medicines, pharmaceutical foods, medical technology and biotechnology
Arranging and allocating of access authorisation for users for various communication purposes
Construction of an information portal on the Internet, in particular in the fields of insurance, healthcare, real estate affairs and finance
Setting up of national and international information systems in data networks for fraud control
Laboratory services in the fields of medical, hygienic and beauty care
Medical laboratory services.
The mark was filed in class 44 with following description of goods:
Medical services
Hygienic and beauty care for human beings or animals
Agricultural, horticultural or forestry services
Medical care
Services of doctors
Providing consultancy via the Internet in the field of healthcare
Medical
In-patient and out-patient medical, dental, veterinary and psychological treatment, examinations and checkups, and the organisation and arrangement thereof
Medical and psychological care, consultancy, treatment, examinations and checkups to determine the fitness and ability to work of employees and their family members from other companies at home and abroad
Clinics and rehabilitation centres
Hospitals
Nursing (medical)
Nursing homes, clinics and rehabilitation centres
Undertaking and organisation of medical and psychological examinations to test whether employees are capable of and able to work at home and overseas
Medical clinics
Sanitoriums
Nursing homes
Convalescent homes
Animal grooming, boarding for animals
Provision of healthcare (included in class 44) and healthcare consultancy
Providing and arranging of services in the field of health and beauty care
Medical consultancy in the field of healthcare, in particular medical consultancy for doctors and pharmacists, hospitals, pharmaceutical companies, public bodies, government agencies and other healthcare groups and companies
Providing and operation of hospitals, sanatoriums, clinics, rehabilitation centres, retirement homes, nursing homes and other medical establishments
Medical consultancy in the field of healthcare and nursing care
Psychological services, in particular psychological consultancy in the event of the death of relatives or serious illness
Medical support and medical consultancy for specific patient groups, for example addicts
Medical consultancy with regard to emigration and the safeguarding of health when involved in dangerous activities overseas
Development and implementation of medical consultancy concepts in the field of healthcare and nursing care
Management of doctors' appointments for the insured
Psychological and medical support for the seriously ill in the final stages of their illness
Medical disaster relief
Medical support for disadvantaged persons in open houses, advice centres and centres for integration of the disabled
Medical consultancy with regard to social security systems, in particular with regard to health insurance systems
Coordination, with regard to medical matters, of the treatment of patients within and outside medical associations such as medical networks
Medical consultancy on international healthcare systems, in particular on healthcare provision, prevention and immunisation
On-site medical care for invalids
On-site medical support for company employees working abroad
Rental, leasing and providing of residential home places and similar places, in particular for invalids, the disabled and the elderly
Travel with attendant medical care for invalids
Protection, care, precautionary measures and consultancy for customers and employees from other companies with regard to work, travel and diseases, all the aforesaid services in respect of health, medical and psychological matters
Arranging the necessary medical care and support measures.
The mark was filed in class 45 with following description of goods:
Personal and social services rendered by others to meet the needs of individuals
Ancillary care of invalids, the disabled and the elderly housed in apartments, houses, residential homes and the like
Undertaking of daily chores, and visits to the necessary authorities
Accommodation centre services, namely arranging of lodging.