The trademark ma pharmacie la santé sur mesure was filed by Sanacorp Pharmahandel GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 3, 2008, and received one opposition filed on April 27, 2008 by HEALTH MAKERS S.L. on Likelihood of confusion. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 27, 2008
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 May 10, 2018.
of the trademark registration was recorded on May 10, 2018. Change of name and address of the trademark registration was recorded on February 11, 2008. Deletion of the representative of the trademark registration was recorded on March 25, 2010. Appointment and Replacement of representative of the trademark registration was recorded on April 5, 2010. Relative errors of the trademark registration was recorded on September 13, 2010. Appointment and Replacement of representative of the trademark registration was recorded on January 9, 2013. Change of name and address of the trademark registration was recorded on November 4, 2015. Change of name and professional address of the trademark registration was recorded on January 10, 2016. Change of name and professional address of the trademark registration was recorded on October 10, 2016.
The Opposition with reference B 001314055 was rejected according to Article 8(1)(b) CTMR with decision issued on May 30, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Adhesives for dentures, material for stopping teeth, dental wax
Dental mastics
Disinfectants for hygiene purposes
Preparations for destroying vermin and plant protection preparations
Detergents for medical use
Dietetic foodstuffs with food preparations with a base of carbohydrates and roughage.
The mark was filed in class 9 with following description of goods:
Data processing apparatus and data processing installations constructed therefrom, including peripheral apparatus, namely data input, output, transmission and storage apparatus
Computer programs on data carriers and in data memories
Apparatus and equipment for remote data transmission and installations consisting entirely or mainly thereof, view data equipment and apparatus and installations consisting entirely or mainly thereof, and associated computer programs recorded on data carriers or stored in data memories
Parts of data processing installations and equipment, in particular of data entry, data processing and data output installations and equipment, equipment and apparatus for speech input and output and for voice recognition
Equipment and apparatus for character recognition
Apparatus and equipment for the recording, transmission or reproduction of sound or images
Magnetic data carriers, calculating machines
Data carriers of all kinds containing recorded computer programs.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials.
The mark was filed in class 16 with Printed matter, newspapers, periodicals, books, colouring-in books, comics, calendars.
The mark was filed in class 28 with Puzzles and game cards..
The mark was filed in class 29 with Dietetic foodstuffs and food preparations with a base of proteins.
The mark was filed in class 35 with following description of goods:
Advertising, business management, business administration and consultancy
Office functions
Organisational consultancy for pharmacies
Marketing and merchandising for pharmacies
Market research and analysis services
Organization consultancy
Professional business consultancy, arranging, concluding and handling of contracts for the buying and selling of goods, namely medicines and cosmetic requisites
Collating, gathering, evaluating and providing of business information in the chemical-pharmaceutical field and the health care sector
Commercial transactions, namely the presentation of goods and services, order placement and delivery services, and invoice management, arranging and concluding commercial transactions for others
Administrative order processing
Arranging sales contracts for others, for retail, wholesale and mail order sevices in relation to washing and cleaning preparations, cosmetics, pharmaceutical and veterinary preparations, sanitary preparations for medical purpose, chemical products for medical purposes, hygiene preparations and sanitary preparations for medical purposes, medicated skin care and oral hygiene preparations, dietetic substances adapted for medical use, dietetic foodstuffs, food for babies, medicinal tea, dietetic food supplements, chewing gum for medical purposes, preparations containing vitamins, minerals and/or trace elements, dietetic substances for veterinary purposes, preparations for assisting nicotine withdrawal, diagnostic preparations for medical purposes, test strips for diabetes and pregnancy tests, strips for cholesterol tests, plasters and materials for dressings, wadding for medical purposes, feminine hygiene articles, namely sanitary towels, panty liners, tampons, sanitary knickers, napkins for the sick
Adhesives for dentures, material for stopping teeth and dental wax, dental mastics, disinfectants for hygiene purposes, pest control and plant protective agents, detergents for medical purposes, dietetic foodstuffs and food preparations with a base of carbohydrates and roughage, electrotechnical and electronic apparatus, instruments and equipment, surgical, medical, dental and veterinary instruments and apparatus, artificial limbs, eyes and teeth, orthopaedic articles, suture materials, printed matter, calendars, puzzles, playing cards.
The mark was filed in class 39 with following description of goods:
Transport and logistics
Logistics and transport services in relation to chemical-pharmaceutical preparations and healthcare products, and providing services relating to these business activities, namely packaging, storage, dispatch, transport, distribution and delivery of these products
Travel arrangement.
The mark was filed in class 41 with following description of goods:
Training in the field of sales promotion
The management of employees, and with regard to product and specialist knowledge
Providing of training, further training and education (including correspondence courses) in the field of data processing, communications technology, office organisation and process control.
The mark was filed in class 42 with following description of goods:
Evaluation and exploitation of data, for others, namely data analysis for scientific and research purposes, conversion of data from physical to electronic media
Development and creation of computer programmes
Technical consultancy for others, in particular in the field of hardware and software for electronic data processing, systems analysis, the designing of electronic data processing systems and telecommunications systems
Architecture, architectural and construction drafting and consultancy, in particular structural engineering consultancy for designing of new pharmacies
Technical consultancy for pharmacies
Medical and pharmaceutical research.
The mark was filed in class 44 with following description of goods:
Pharmacy services
Pharmaceutical advisory services
Health and nutrition consultancy
Health care
Hygiene/sanitary services
Pharmaceutical and technical consultancy with regard to the medical approval of medicines, for others
Consultancy with regard to current health policy and economic policy trends.