The trademark adrona was filed by Andrea Karl, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 12, 2012, and received one opposition filed on November 12, 2012 by Merck Sharp & Dohme Corp. on Likelihood of confusion. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 12, 2012
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 5 with Prescription pharmaceutical preparations of the ATC codes (anatomical therapeutic chemical classification system), B (blood and blood forming organs), G (genito-urinary system and sex hormones), H (systemic hormonal preparations, excluding sex hormones), L (antineoplastic and immunomodulating agents), N (nervous system) and M (musculo-skeletal system).
The mark was filed in class 10 with following description of goods:
Surgical, medical, odontologic and veterinary instruments and devices
Apparatus for measuring blood pressure, blood sugar and cholesterol
Artificial limbs, eyes and teeth
Orthopaedic articles, in particular orthopaedic bandages, compression stockings and joint implants
Suture materials
Special furniture for medical purposes
Medical diagnostic and therapeutic devices
Analysis (apparatus for using in medical-)
Medical apparatus for physiotherapy and physical exercise
Hot-air vibrators for medical purposes
Spirometers (medical apparatus)
Hearing aids
Hearing protectors, namely tinnitus masks for use by medical personnel
Lamps for medical purposes, massaging apparatus, gloves for massage
Heated cushions and electric blankets for medical purposes
Condoms
Gloves for medical purposes, in particular of rubber and rubber substitutes
Water bath apparatus for medical purposes, included in class 10
Special receptacles for storing, applying and safe transport of medicines
Protective hoods for medical purposes
Receptacles for applying medicines, namely medicine bottles and ointment jars
Sterile sheets (surgical)
Thermometers for medical use.
The mark was filed in class 35 with following description of goods:
Business consultancy and professional business consultancy, in particular for pharmacies, chemists' shops, medical practices, clinics, dispatch centres, drug manufacturers, drug wholesalers, and in particular relating to the management of turnover, costs and output
Arranging of contracts, for others, for the buying and selling of goods
Arranging of contracts, for others, for the providing of services
Professional business consultancy on the Internet
Business management and business administration, for others, in particular for pharmacies, chemists' shops, medical practices, clinics, drug manufacturers and drug wholesalers
Business organisation consultancy
Assistance to commercial or industrial firms in the conduct of their business
Sales promotion (for others)
Market research
Stock management
Arranging of commercial transactions, for others, includng within the framework of e-commerce
Drawing up of statement of accounts (office functions)
Administrative order processing
Invoicing, payment monitoring and dunning, for others (office functions)
Accounting for electronic order systems
Data acquisition (office functions) for the placing of orders, and for the submission, management and billing of electronic prescriptions
Mail order of preparations and apparatus for medical purposes
Arranging of trading and economical contacts, also over the Internet
Procurement services for third parties (acquisition of goods and services for other companies)
Price comparison services for goods and services
Cost-price analysis
Advertising, including via the Internet
Television advertising
Radio advertising
Mail advertising
Advertising agency services
Dissemination of advertisements
On-line advertising in computer networks
Renting out of advertising time in communication media
Rental of advertising space, including on the Internet
Attracting customers and customer care by means of mail advertising (mailings)
Demonstration of goods
Presentation of goods and services and presentation of companies, including on the Internet and other communication media
Collection of goods, for others, for presentation and sales purposes
Distribution of samples
Direct mail advertising (tracts, prospectuses, printed matter, samples)
Updating of advertising material
Publication of publicity texts
Copywriting
Rental of advertising material
Arranging advertising contracts, for others
Advertising mail
Shop-window dressing
Personnel management consultancy
Employment services
Drawing up inventories for others
Updating, maintenance, organisation and compilation of data into computer databases
Management of all the aforesaid services, including using electronic media and the Internet.