TRADE MARKS ACT 1995
DECISION OF A DELEGATE OF THE REGISTRAR OF TRADE MARKS WITH REASONS
Re:Opposition by SingTel Optus Pty Ltd to registration of Australian trade mark applications 1438623 – OPTUM – and 1440038 – OPTUM Logo – in classes 35, 36, 44 and 45 in the name of Optum, Inc.
Delegate:
Hearing Officer: Debrett Lyons
Representation:
Opponent: Justine Beaumont of Counsel, instructed by Minter Ellison
Applicant: David Larish of Counsel, instructed by Corrs Chambers Westgarth
Decision:
2016 ATMO 11
s 52 opposition: Ground under ss 42(b), 44, 58 and 60 pressed – none established - opposition unsuccessful.
Background
In this matter Optum Inc. (“the Applicant”) has applied under the Trade Marks Act 1995 (‘the Act’) to register the trade marks which appears below:
Application No: 1438623
Priority Date: 21 July 2011
Services: as shown in Appendix 1
Trade Mark: OPTUM
(“the Word Mark”)
Application No: 1440038
Priority Date: 15 February 2011[1]
Services: as shown in Appendix 1
Trade Mark:
(“the Composite Mark”)
(together, “the Trade Marks”)
[1] Application lodged on 29 July 2011 but by reason of a Convention claim from USA 85/243,166.
The applications were examined as mandated by section 31 of the Act and subsequently advertised as accepted for possible registration in the Australian Official Journal of Trade Marks on 22 November 2012 (Word Mark) and 6 December 2012 (Composite Mark).
By Notices of Opposition filed on 22 February 2013 (Word Mark) and 4 March 2013 (Composite Mark), SingTel Optus Pty Ltd (“the Opponent”) opposed the registration of the Trade Marks.
As a delegate of the Registrar of Trade Marks I heard this matter in Sydney on 17 June 2015. Justine Beaumont of Counsel, instructed by Minter Ellison, represented the Opponent. David Larish of Counsel, instructed by Corrs Chambers Westgarth, represented the Applicant.
Grounds of Opposition
The Notices list a number of grounds corresponding to various provisions of the Act but at the hearing and in its written submissions the Opponent pursued only those grounds based on sections 42(b), 44(2), 58 (in relation to application 1438623 only) and 60 of the Act. It did not press the other grounds set out in the Notices and I treat those grounds as having been abandoned.[2]
[2] Those grounds, and the others available under the Act, may be pursued by the Opponent should this decision be appealed to the courts.
Onus, Standard of Proof and Relevant Date
The Opponent bears the onus of establishing one or more grounds of opposition. I confirm I am proceeding on the basis that the relevant standard of proof required of the Opponent is the ordinary civil standard based on the balance of probabilities.
The relevant date at which the rights of the parties are to be determined is 21 July 2011 in the case of the Word Mark and 29 July 2011 for the Composite Mark.
Evidence
In support of its opposition, the Opponent relies on a declaration of Eve Karakasidis declared on 21 February 2014 (Karakasidis). There is no evidence from the…
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Details
- Case
- [2016] ATMO 11
- Decision Date
CaseChat Overview and Summary
SingTel Optus Pty Limited (the Opponent) opposed the registration of two trade marks, the "Optum Word Mark" and the "Optum Composite Mark," by Optum, Inc. (the Applicant). The Opponent, which has used the trade mark "OPTUS" since 1991 in relation to telecommunications products and services, argued that the Applicant's proposed marks were substantially identical or deceptively similar to its own registered marks. The Opponent also contended that the Applicant was not the owner of the Word Mark under section 58 of the *Trade Marks Act 1995* (Cth) because its mark, OPTUM, was substantially identical to the Opponent's OPTUS mark, and the Opponent had used OPTUS first for similar goods and services. The proceedings were heard by Hearing Officer Debrett Lyons.
The legal issues before the Hearing Officer were whether the Applicant's proposed trade marks should be refused registration on the grounds that they were substantially identical or deceptively similar to the Opponent's registered trade marks under section 44 of the Act, and whether the Applicant was the owner of the Word Mark under section 58 of the Act. Additionally, the Opponent raised grounds under sections 42(b) and 60 of the Act, arguing that the use of the Applicant's marks would be likely to mislead or deceive or cause confusion among consumers due to the Opponent's widespread reputation in the OPTUS trade mark.
The Hearing Officer found that the ground of opposition under section 42(b) had not been established. The decision indicates that the opposition was unsuccessful on all pressed grounds. As the successful party, the Applicant was awarded costs against the Opponent.
The legal issues before the Hearing Officer were whether the Applicant's proposed trade marks should be refused registration on the grounds that they were substantially identical or deceptively similar to the Opponent's registered trade marks under section 44 of the Act, and whether the Applicant was the owner of the Word Mark under section 58 of the Act. Additionally, the Opponent raised grounds under sections 42(b) and 60 of the Act, arguing that the use of the Applicant's marks would be likely to mislead or deceive or cause confusion among consumers due to the Opponent's widespread reputation in the OPTUS trade mark.
The Hearing Officer found that the ground of opposition under section 42(b) had not been established. The decision indicates that the opposition was unsuccessful on all pressed grounds. As the successful party, the Applicant was awarded costs against the Opponent.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
The relevant date at which the rights of the parties are to be determined is 21 July 2011 in the case of the Word Mark and 29 July 2011 for the Composite Mark.Evidence In support of its opposition, the Opponent relies on a declaration of Eve Karakasidis declared on 21 February 2014 (Karakasidis). There is no evidence from the Applicant.Outline of the argument The Opponent was incorporated in 1991. It owns a number of registered trade marks in Australia comprising or including the invented word, OPTUS. It regards these trade marks as a “family” of marks. The Opponent uses these trade marks primarily in relation to its telecommunications products and services but has made registrations more broadly in classes 9, 16, 35, 38, 41 and 42. It submits that by reason of the use of the word OPTUS since 1991, the word has become uniquely associated in Australia with the Opponent and the goods and services that emanate from it. The Applicant provided no declaratory evidence of these matters but at the hearing Mr Larish claimed that the Applicant operates in the healthcare field and provides business management, insurance claim administration and patient healthcare support services. It was said that its applications for the Trade Marks show a range of goods and services relating to healthcare systems. The Opponent says that the Applicant is not the owner of the Word Mark under section 58 of the Act (there is no objection to the Composite Mark under this section) because its trade mark, OPTUS, is substantially identical to OPTUM and it used OPTUS first for the same kind of thing for which the Applicant seeks registration. Next, the Opponent says that the Trade Marks “are substantially identical with, or deceptively similar to, each of the marks the subject of the Opponent’s registrations set out in Annexure [2] to these submissions and in particular, registration nos. 558811 and 578775” under section 44 of the Act. Annexure 2 is a long list of trade marks and I have included it at the end of my decision for reference. Registrations 558811 and 578775 are for the word OPTUS and it is said by the Opponent that there would be public confusion or deception because of the similarity of the Trade Marks to the Opponent’s registrations and the similarity of the services for which the Applicant seeks registration. The Applicant rejects those claims. Finally, under sections 42(b) and 60 of the Act, the Opponent says that because of the widespread reputation of the OPTUS trade mark any use of the Trade Marks would amount to conduct which is likely to mislead or deceive and therefore contrary to law, or would be likely to deceive or cause confusion among consumers as to the source of the services.DiscussionSection 58 Section 58 provides that:The registration of a trade mark may be opposed on the ground that the applicant is not the owner of the trade mark. When comparing trade marks for the purposes of section 58, the establishment of nothing less than a substantial identity will suffice in order to establish the ground: in Carnival Cruise Lines Inc v Sitmar Cruises Limited [1994] FCA 936; (1994) AIPC 91-049; (1994) 120 ALR 495, Gummow J said:When the decision is understood in this way, it does not supply any general authority for the proposition that in the case of disputed claims to proprietorship under the present statute anything less than substantial identity between the two marks will suffice. The phrase "substantially identical" as it appears in s. 62 (which is concerned with infringement) was discussed by Windeyer J in The Shell Company of Australia Limited v Esso Standard Oil (Australia) Limited [1961] HCA 75; (1963) 109 CLR 407 at 414. It requires a total impression of similarity to emerge from a comparison between the two marks. In a real sense a claim to proprietorship of the one extends to the other. But to go beyond this is, in my view, not possible.
Decision
Reasons for decision
The ground of opposition under section 42(b) has not been established. Decision Section 55(1) of the Act relevantly provides that, unless the proceedings are discontinued or dismissed:…the Registrar must, at the end, decide:(a) to refuse to register the trade mark; or(b) to register the trade mark (with or without conditions or limitations) inrespect of the goods and/or services then specified in the application;having regard to the extent (if any) to which any ground on which theapplication was opposed has been established.Note: For limitations see section 6. I have found the opposition to be unsuccessful on all grounds pressed.Costs Both parties requested an award of costs in their favour. As the successful party, the Applicant is so entitled and I accordingly award costs against the Opponent as per Schedule 8 of the Trade Marks Regulations 1995.Debrett LyonsHearing OfficerTrade Marks Hearings5 February 2016ANNEXURE 1Optum Word Mark: ServicesClass: 35 Managed care services, namely, utilization review and pre-certification services; medical cost management; organizing and administering networks of health care providers; providing medical business directory information services regarding health care professionals and health care provider organizations; promoting the medical services of others by dissemination of prior effectiveness record information indicating that the providers meet certain criteria; development and administration of group purchasing programs as a value- added employee benefit; medical and health-care cost/price analysis; administration of a discount program for enabling participants to obtain health care services from a network of health care providers; cost management services for health benefit plans of others; business management consultation, namely, development of health care delivery systems for independent practice associations, medical clinics and other forms of physician organizations; business consultation to the health care industry in the fields of the development and implementation of policies, practices, and quality assurance; promoting the sale of credit card and debit card accounts through the administration of a discount program for enabling participants to obtain discounts on goods and services through use of discount membership cards and purchasing with a credit card or debit card; promoting the goods and services of others through the distribution of discount membership cards; accounts receivable services; administration and reconciliation of accounts on behalf of others; administration of business payroll for others; health care and medical practice administration services, namely, providing back office services for physician practices, medical billing services; health care and medical business services, namely, development of systems for health care delivery between businesses; managed health care services, namely, electronic processing of health care information; providing information in the field of business administration of health care and medical practices; consultation in the field of management, operation, and development of business systems for the delivery of health care; healthcare management service organization (MSO) services, namely, providing practice organization, management and administrative support services to individual physicians or small group practices; administration of pharmacy reimbursement programs; cost management services for pharmacy benefit and prescription drug benefit plans of others; business management of pharmacy benefit plans and prescription drug benefit plans of others; mail order services featuring prescription medications, specialty pharmaceuticals, over-the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; on-line retail store services featuring prescription medications, specialty pharmaceuticals, over- the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; retail drugstore and retail pharmacy services rendered by telephone featuring prescription medications, specialty pharmaceuticals, over-the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; physician practice and medical practice management for others; computerized database management in the fields of medical records and medical billing; on-line business and financial records management in the fields of medical records and medical billing; research in the nature of providing health economics and outcomes research and market informatics to the biotech and pharmaceutical industry; reimbursement consulting to the biotech and pharmaceutical industry in the nature of analyzing current health care payment program reimbursement policy and evaluating product cost-effectiveness for the purposes of product development, product approval and market acceptance; business consultation services for the healthcare industry; outsourcing services in the field of healthcare; computerized health care provider business data and information management in the fields of health care and insurance; providing on-line directory information service featuring electronic healthcare trading partners, namely, healthcare providers and claims processors and payers, including their electronic data interchange capabilities and requirements for healthcare transactions; providing an on-line computer database containing information concerning physician credentials for health care providers in the health care and insurance industries; providing temporary employment staffing for technical, scientific, and administrative positions for medical, pharmaceutical, and biotechnology research; providing data management and biostatistics services for the pharmaceutical and biotechnology industries; business consulting and outsourcing in the field of clinical and health economic research services for pharmaceutical, biotech, medical device companies, and other health care companies; management services of a business nature for clinical trials in the field of investigational drugs, namely, arranging for sites to perform clinical trials, arranging for the import, packaging, shipping, labeling, and distribution of drugs and other investigational supplies to and from the clinical trial sites, arranging for the central collection of laboratory specimens from clinical trial sites, regulatory submission management for investigational new drugs, and preparing statistical reports resulting from clinical trials; business research and consulting services in the nature of analysis of health care data and in the field of health care data analysis; computer generated information services, namely, providing customized on-line, non-downloadable computer databases featuring business data and information regarding drug prescriptions; conducting business research and surveys; conducting surveys in the field of health and wellness; organizing and administering networks of retail pharmacies; administration of pharmacy reimbursement programs and services; providing referral services to the elderly in the fields of health care and well-being, wellness and nutrition, medical equipment and medical supplies, transportation, housing and home repair, financial counselling and financial services, insurance services, community services and resources, home security systems and personal emergency response systems, and legal services Class: 36 Insurance claims administration; insurance claims processing; administration of pre-paid health care plans in the fields of chiropractic, physical medicine, and complementary and alternative medicines; insurance services, namely, underwriting insurance and reinsurance for pre-paid health care and health, life, dental, vision, and disability insurance; insurance underwriting in the field of excess risk, medical, life, and disability insurance, and insurance administration related thereto including managed care services; providing managed care optical benefits plans for others; insurance and financial services, namely, verifying insurance eligibility, processing and facilitating insurance copayment transactions, administration of employee benefits plans, banking services, credit card services, debit card services, issuing stored value cards, administering deposit and medical spending accounts, consumer lending services, electronic funds transfer, administration of defined contribution plans, administration of health care plans, health transaction clearinghouse services, management of revenue and expense transactions for providers of health and medical products and services; on-line services for health care practitioners, namely, providing transaction services to health care practitioners via an on-line computer network, namely, insurance eligibility and verification, referral authorizations, billing and payment in the insurance field; insurance brokerage; administration, financial management and maintenance of health savings accounts, medical savings accounts, health reimbursement arrangements and flexible spending accounts; offering consumer-driven health care plans, namely, underwriting, administration, financing, and maintenance of consumer-driven health care plans and defined contribution health care plans; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding daily living problems in the fields of retirement, life-event financial planning, and credit card and other debt; health savings account services, namely, providing banking services and savings account administration for consumer-driven health care plans and defined contribution health care plans; medical insurance services, namely, providing a qualified medical insurance plan with a tax advantaged medical savings account; business banking services; credit and debit card transaction processing services; investment consultation, brokerage and management services; financial investment services in the fields of securities, mutual funds, certificates of deposit, and portfolio management; accounts payable services; mortgage banking services, mortgage lending services, mortgage brokerage services; consumer loans and checking and savings account services; commercial lending services; issuing letters of credit; foreign exchange services, namely, foreign exchange transactions; foreign exchange information services and providing for the exchange of foreign currency; financial consultation for educational financial assistance and student loan services; treasury management services; trust management services; cash management services; on-line banking services; on-line business banking services; bill payment services; electronic processing and transmission of bill payment data; providing information regarding banking, credit, money management, investing, investments and financial matters; counselling in the field of banking and financial services; provision of consolidated reports of banking and financial activity; financial services, namely, mortgage loan services, home equity financing and revolving lines of credit; trustee services; administration of prescription drug benefit programs; administration of pharmacy benefit programs; prescription drug and pharmacy benefit claims processing services; pharmacy benefit management services; organizing and administering preferred provider plans for a network of pharmacy providers; providing on-line information in the field of pharmacy benefits; facilitating health related transactions via computer and communications networks, namely, electronic processing of health insurance claims and payment data; electronic bill payment services in the health care and insurance industries; claim recovery services for medical insurance payors; insurance consultation services for the healthcare industry; administration of health care service plans; insurance services, namely, claims administration of health care service plans; insurance underwriting and administration in the field of health care; administration of health care service plans and health care benefit plans for medical care services provided to elderly and chronically ill populations; providing business ratings on the financial condition of healthcare organisations Class: 44 Hospital admission counselling services; patient health care support services in the nature of health care decision support counselling and health care planning for individuals at risk of needing intensive treatment; health care services, namely, disease management programs; medical case management and disease management services, namely, disease-specific information and medical care resources to assist patients in managing their own health care and to reinforce the treatment plan; providing health information; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding physical and mental health, and substance abuse; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information in the fields of ageing, chronic condition support, medications and drug interactions, special needs assistance, and pet care; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding daily living problems in the fields of parenting, childcare, and eldercare as they related to health and well being; providing information regarding the outcomes, structure, processes, and effectiveness of health care professionals and health care provider organizations to health plan members for use in evaluating and selecting health care professionals and health care provider organizations; nurse information services, namely, nurse triage and nurse call centers providing information regarding specific health-related concerns and general health issues; health care consulting and health care counselling services in the field of preventative health care and total health management, namely, establishing health risk assessment profiles to identify personal and group health risks, personal and group health risk counselling, health care counselling in the field of health risk intervention, health promotion, health risk and behaviour modification, and preventative medical assessment and screening; health care services, namely, preventative medical assessment and screening; consulting services in the field of medical triage protocols, policies, and practices; providing health care information on-line via computer and communications networks; providing information in the field of health and wellness; providing a web site featuring information in the field of health and wellness; managed health care services; providing in home health care and evaluations; providing health care information; health care in the nature of health maintenance organizations (HMOS), preferred provider organizations (PPOS), and fee for service medical services; conducting disease management programs for elderly and chronically ill populations; hospice and palliative care services; home health care services; employee assistance services, namely, providing on-line, telephonic, and in person consultation, information, assessment, and referral services for physical health, mental health, substance abuse and daily living problems; healthcare utilization and review services; medical case management and disease management services, namely, medical referral of individuals to appropriate health management programmes; providing health related consumer information and information about health providers via a global computer network; arranging for medical care provided by others for elderly and chronically ill populations; drug utilization review (DUR) programmes; healthcare advocacy services to members of health benefit plans; individualized healthcare coordination services, namely, facilitating medical care services, behaviour health services, and healthcare management; case management services, namely, coordinating healthcare services provided to elderly and chronically ill populations by doctors and other health care providers; case management services, namely, coordination of necessary medical services, social services, personal care services Class: 45 Verification of physician credentials; computer services, namely, testing the electronic data interchange transactions of others for the purpose of certification and for compliance with healthcare industry and electronic data interchange laws, including the health insurance portability and accountability act; fraud detection, prevention, and recovery services in the field of health care insurance; compiling and analyzing statistical health data in order to uncover and identify health care fraud and claims errorsOptum Composite Mark: ServicesClass: 35 Health care utilization management services; cost containment; business consultation services in the fields of health care, health benefits and health care systems; retail pharmacy services provided via a network of retail pharmacies; managed care services, namely, utilization review and pre-certification services; medical cost management; organizing and administering networks of health care providers; providing medical business directory information services regarding health care professionals and health care provider organizations; promoting the medical services of others by dissemination of prior effectiveness record information indicating that the providers meet certain criteria; development and administration of group purchasing programs as a value-added employee benefit; medical and health-care cost/price analysis; administration of a discount program for enabling participants to obtain health care services from a network of health care providers; cost management services for health benefit plans of others; business management consultation, namely, development of health care delivery systems for independent practice associations, medical clinics and other forms of physician organizations; business consultation to the health care industry in the fields of the development and implementation of policies, practices, and quality assurance; promoting the sale of credit card and debit card accounts through the administration of a discount program for enabling participants to obtain discounts on goods and services through use of discount membership cards and purchasing with a credit card or debit card; promoting the goods and services of others through the distribution of discount membership cards; accounts receivable services; administration and reconciliation of accounts on behalf of others; administration of business payroll for others; health care and medical practice administration services, namely, providing back office services for physician practices, medical billing services; health care and medical business services, namely, development of systems for health care delivery between businesses; managed health care services, namely, electronic processing of health care information; providing information in the field of business administration of health care and medical practices; consultation in the field of management, operation, and development of business systems for the delivery of health care; healthcare management service organization (MSO) services, namely, providing practice organization, management and administrative support services to individual physicians or small group practices; administration of pharmacy reimbursement programs; cost management services for pharmacy benefit and prescription drug benefit plans of others; business management of pharmacy benefit plans and prescription drug benefit plans of others; mail order services featuring prescription medications, specialty pharmaceuticals, over-the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; on-line retail store services featuring prescription medications, specialty pharmaceuticals, over- the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; retail drugstore and retail pharmacy services rendered by telephone featuring prescription medications, specialty pharmaceuticals, over-the-counter medications, diabetic products, health products, home care products, first aid products, foot care products, eye and ear care products, oral care products, skin care products, vitamins, nutritional supplements, and women's health products; physician practice and medical practice management for others; computerized database management in the fields of medical records and medical billing; on-line business and financial records management in the fields of medical records and medical billing; research in the nature of providing health economics and outcomes research and market informatics to the biotech and pharmaceutical industry; reimbursement consulting to the biotech and pharmaceutical industry in the nature of analyzing current health care payment program reimbursement policy and evaluating product cost-effectiveness for the purposes of product development, product approval and market acceptance; business consultation services for the healthcare industry; outsourcing services in the field of healthcare; computerized health care provider business data and information management in the fields of health care and insurance; providing on-line directory information service featuring electronic healthcare trading partners, namely, healthcare providers and claims processors and payers, including their electronic data interchange capabilities and requirements for healthcare transactions; providing an on-line computer database containing information concerning physician credentials for health care providers in the health care and insurance industries; providing temporary employment staffing for technical, scientific, and administrative positions for medical, pharmaceutical, and biotechnology research; providing data management and biostatistics services for the pharmaceutical and biotechnology industries; business consulting and outsourcing in the field of clinical and health economic research services for pharmaceutical, biotech, medical device companies, and other health care companies; management services of a business nature for clinical trials in the field of investigational drugs, namely, arranging for sites to perform clinical trials, arranging for the import, packaging, shipping, labelling, and distribution of drugs and other investigational supplies to and from the clinical trial sites, arranging for the central collection of laboratory specimens from clinical trial sites, regulatory submission management for investigational new drugs, and preparing statistical reports resulting from clinical trials; business research and consulting services in the nature of analysis of health care data and in the field of health care data analysis; computer generated information services, namely, providing customized on-line, non-downloadable computer databases featuring business data and information regarding drug prescriptions; conducting business research and surveys; conducting surveys in the field of health and wellness; organizing and administering networks of retail pharmacies; administration of pharmacy reimbursement programs and services; providing referral services to the elderly in the fields of health care and well-being, wellness and nutrition, medical equipment and medical supplies, transportation, housing and home repair, financial counselling and financial services, insurance services, community services and resources, home security systems and personal emergency response systems, and legal services. Class: 36 Insurance claims administration; insurance claims processing; administration of pre-paid health care plans in the fields of chiropractic, physical medicine, and complementary and alternative medicines; insurance services, namely, underwriting insurance and reinsurance for pre-paid health care and health, life, dental, vision, and disability insurance; insurance underwriting in the field of excess risk, medical, life, and disability insurance, and insurance administration related thereto including managed care services; providing managed care optical benefits plans for others; insurance and financial services, namely, verifying insurance eligibility, processing and facilitating insurance copayment transactions, administration of employee benefits plans, banking services, credit card services, debit card services, issuing stored value cards, administering deposit and medical spending accounts, consumer lending services, electronic funds transfer, administration of defined contribution plans, administration of health care plans, health transaction clearinghouse services, management of revenue and expense transactions for providers of health and medical products and services; on-line services for health care practitioners, namely, providing transaction services to health care practitioners via an on-line computer network, namely, insurance eligibility and verification, referral authorizations, billing and payment in the insurance field; insurance brokerage; administration, financial management and maintenance of health savings accounts, medical savings accounts, health reimbursement arrangements and flexible spending accounts; offering consumer-driven health care plans, namely, underwriting, administration, financing, and maintenance of consumer-driven health care plans and defined contribution health care plans; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding daily living problems in the fields of retirement, life-event financial planning, and credit card and other debt; health savings account services, namely, providing banking services and savings account administration for consumer-driven health care plans and defined contribution health care plans; medical insurance services, namely, providing a qualified medical insurance plan with a tax advantaged medical savings account; business banking services; credit and debit card transaction processing services; investment consultation, brokerage and management services; financial investment services in the fields of securities, mutual funds, certificates of deposit, and portfolio management; accounts payable services; mortgage banking services, mortgage lending services, mortgage brokerage services; consumer loans and checking and savings account services; commercial lending services; issuing letters of credit; foreign exchange services, namely, foreign exchange transactions; foreign exchange information services and providing for the exchange of foreign currency; financial consultation for educational financial assistance and student loan services; treasury management services; trust management services; cash management services; on-line banking services; on-line business banking services; bill payment services; electronic processing and transmission of bill payment data; providing information regarding banking, credit, money management, investing, investments and financial matters; counselling in the field of banking and financial services; provision of consolidated reports of banking and financial activity; financial services, namely, mortgage loan services, home equity financing and revolving lines of credit; trustee services; administration of prescription drug benefit programs; administration of pharmacy benefit programs; prescription drug and pharmacy benefit claims processing services; pharmacy benefit management services; organizing and administering preferred provider plans for a network of pharmacy providers; providing on-line information in the field of pharmacy benefits; facilitating health related transactions via computer and communications networks, namely, electronic processing of health insurance claims and payment data; electronic bill payment services in the health care and insurance industries; claim recovery services for medical insurance payors; insurance consultation services for the healthcare industry; administration of health care service plans; insurance services, namely, claims administration of health care service plans; insurance underwriting and administration in the field of health care; administration of health care service plans and health care benefit plans for medical care services provided to elderly and chronically ill populations; providing business ratings on the financial condition of healthcare organisations Class: 44 Hospital admission counselling services; patient health care support services in the nature of health care decision support counselling and health care planning for individuals at risk of needing intensive treatment; health care services, namely, disease management programs; providing health information; providing information on pharmaceuticals and healthcare; medication management services for cost containment purposes, namely assessing medication use history and providing information to health care providers and prescription drug benefit plan designers regarding medication use, options, and cost management; medical case management and disease management services, namely, disease-specific information and medical care resources to assist patients in managing their own health care and to reinforce the treatment plan; providing health information; providing information to physicians regarding prescription drugs and treatment guidelines; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding physical and mental health, and substance abuse; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information in the fields of ageing, chronic condition support, medications and drug interactions, special needs assistance, and pet care; employee assistance services, namely, providing on-line, telephonic and in-person consultation and information regarding daily living problems in the fields of parenting, childcare, and eldercare as they related to health and well being; providing information regarding the outcomes, structure, processes, and effectiveness of health care professionals and health care provider organizations to health plan members for use in evaluating and selecting health care professionals and health care provider organizations; nurse information services, namely, nurse triage and nurse call centers providing information regarding specific health-related concerns and general health issues; health care consulting and health care counselling services in the field of preventative health care and total health management, namely, establishing health risk assessment profiles to identify personal and group health risks, personal and group health risk counselling, health care counselling in the field of health risk intervention, health promotion, health risk and behaviour modification, and preventative medical assessment and screening; health care services, namely, preventative medical assessment and screening; consulting services in the field of medical triage protocols, policies, and practices; providing health care information on-line via computer and communications networks; providing information in the field of health and wellness; providing a web site featuring information in the field of health and wellness; managed health care services; providing in home health care and evaluations; providing health care information; health care in the nature of health maintenance organizations (HMOS), preferred provider organizations (PPOS) and consumer directed health plans, and fee for service medical services; conducting disease management programs for elderly and chronically ill populations; hospice and palliative care services; home health care services; employee assistance services, namely, providing on-line, telephonic, and in-person consultation, information, assessment, and referral services for physical health, mental health, substance abuse and daily living problems; healthcare utilization and review services; medical case management and disease management services, namely, medical referral of individuals to appropriate health management programmes; providing health-related consumer information and information about health providers via a global computer network; arranging for medical care provided by others for elderly and chronically ill populations; drug utilization review (DUR) programmes; healthcare advocacy services to members of health benefit plans; individualized healthcare coordination services, namely, facilitating medical care services, behaviour health services, and healthcare management; case management services, namely, coordinating healthcare services provided to elderly and chonically ill populations by doctors and other healthcare providers; case management services, namely, coordination of necessary medical services, social services, personal care services Class: 45 Verification of physician credentials; computer services, namely, testing the electronic data interchange transactions of others for the purpose of certification and for compliance with healthcare industry and electronic data interchange laws, including the health insurance portability and accountability act; fraud detection, prevention, and recovery services in the field of health care insurance; compiling and analyzing statistical health data in order to uncover and identify health care fraud and claims errorsANNEXURE 2Opponent’s Registrations
Ratio Decidendi
Legal Principle Established
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