The trademark sphinx One Data Space for Health was filed by Industrie-Förderung Gesellschaft mbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 17, 2024, and received one opposition filed on February 14, 2024 by Sphinx IT Consulting GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by WEISER & VOITH PATENTANWÄLTE PARTNERSCHAFT and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2024
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 9 with Metadata catalogues relating to recorded data of users of a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised and Mobile apps for users of a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised..
The mark was filed in class 35 with following description of goods:
Advertising, marketing
Public relations services
Business consultancy and advisory services
Organization consultancy
Business consulting
Provision of computerised data relating to business
Information services relating to data processing relating to a metadata catalogue relating to recorded data of users of a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised
Compilation of directories for publication in the context of a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised on a global computer network
None of the aforesaid services relating to the design, development, programming, implementation, maintenance, operation and rental of software, databases or computer hardware or systems, and not relating to advisory or consultancy services relating to software, databases or computer hardware or systems
All the aforesaid services solely relating to a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Computer communication and Internet access
Providing access to databases
Transfer of digital data
Transmission ofmessages
Telecommunication services provided via Internet platforms and portals
Providing of access to a networked virtual data room
Communication services between data banks
All the aforesaid services solely relating to a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised.
The mark was filed in class 41 with following description of goods:
Organising and arranging of conferences, congresses and symposiums
Arranging and conducting of seminars and workshops
Presentation of live performances
All the aforesaid in the field of healthcare and not relating to the design, development, programming, implementation, maintenance, operation and rental of software, databases or computer hardware or systems, and not relating to advisory or consultancy services relating to software, databases or computer hardware or systems.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
IT consultancy, advisory and information services
Authentication services (control) of data transmitted via telecommunications
Inquiries, research in databases and on the Internet, for scientific and research purposes
Medical and pharmacological research services
Research, Relating to the following sectors: production of pharmaceuticals
Research, Relating to the following sectors: supply chains
Consultancy relating to pharmaceutical research and development
None of the aforesaid services relating to the design, development, programming, implementation, maintenance, operation and rental of software, databases or computer hardware or systems, and not relating to advisory or consultancy services relating to software, databases or computer hardware or systems
All the aforesaid services solely relating to a data room provided by a charitable association with the aim of improving healthcare, in which the data flow between companies and stakeholders in the healthcare sector is optimised.