The trademark GHD European Homecare Company was filed by GHD GesundHeits GmbH Deutschland, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 26, 2014, and received one opposition filed on February 26, 2015 by JEMELLA GROUP LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by APPLEYARD LEES IP LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 26, 2015
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 December 16, 2023.
The Appeal with reference B R2268/2016-2 was Other according to Rule 49(1) CTMIR with decision issued on April 19, 2017 by the EUIPO. The Opposition with reference B 002487463 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 2, 2016 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Pharmaceutical preparations for artificial nourishment and Dietary preparations and dietary supplements for patients with cancer, bowel disorders or dementia..
The mark was filed in class 10 with Medical goods (apparatus and instruments) for ostomies, tracheostomies, enteral and parenteral nutrition.
The mark was filed in class 39 with following description of goods:
Transport, in particular transport of medical goods, medication and medical appliances to patients, being exclusively for use in the fields of cancer treatment, ostomies, tracheostomies, enteral and parenteral nutrition, and wound care
Packaging and storage of medical goods, medication and medical appliances, being exclusively for use in the fields of cancer treatment, ostomies, tracheostomies, enteral and parenteral nutrition, and wound care
Logistics in the transport sector in relation to medical goods, medication and medical appliances, being exclusively for use in the fields of cancer treatment, ostomies, tracheostomies, enteral and parenteral nutrition, and wound care.
The mark was filed in class 44 with Health care consultation services, Namely in relation to utilisation of medical goods, medication and medical appliances, being exclusively for use in the fields of cancer treatment, ostomies, tracheostomies, enteral and parenteral nutrition, and wound care.