The trademark IVAX was filed by IVAX LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on April 3, 2005, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on July 3, 2005 by ARBORA & AUSONIA, S.L.U. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONTI & PARTNERS, S.L.P and its proceedings were handled in English
The second opposition filed on June 29, 2005 by Carefusion 303, Inc. on Likelihood of confusion. the opponent was represented by POTTER CLARKSON LLP and its proceedings were handled in English
The third opposition filed on June 29, 2005 by null on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and its proceedings were handled in English
The fourth opposition filed on June 15, 2005 by Klug GmbH integrierte Systeme on Likelihood of confusion. the opponent was represented by Söllner, Udo and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The renewal of the trademark was recorded by the office on April 8, 2014.
Change of name and address of the trademark registration was recorded on June 18, 2013. Change of name and address of the trademark registration was recorded on November 17, 2013. Partial Surrender of the trademark registration was recorded on March 9, 2014. Partial Surrender of the trademark registration was recorded on March 26, 2014. Change of name and professional address of the trademark registration was recorded on September 25, 2016. Appointment and Replacement of representative of the trademark registration was recorded on September 23, 2018. Change of name and address of the trademark registration was recorded on January 4, 2021.
The Appeal with reference B R1479/2007-2 was Opposition allowed according to Article 8(1)(b) CTMR with decision issued on September 16, 2008 by the EUIPO. The Opposition with reference B 000859316 was rejected according to Article 8(1)(b) CTMR with decision issued on September 9, 2007 by the EUIPO. The Opposition with reference B 000866717 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 17, 2007 by the EUIPO. The Opposition with reference B 000870180 was rejected according to Article 8(1)(b) CTMR with decision issued on May 24, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations (excluding veterinary vaccines) including pharmaceutical preparations and substances for use in the prevention or treatment of respiratory illnesses or respiratory disorders including asthma
Diagnostic preparations and substances
Dietetic substances adapted for medical use, food for babies
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides
None being sanitary preparations and substances or hygiene products, including feminine hygiene products such as sanitary towels, panty liners and tampons
All with the aforesaid being available on prescription only
None of the aforesaid goods being women's healthcare products.
The mark was filed in class 10 with following description of goods:
Inhalation devices
Inhalation devices for medical use
Inhalers
Metered dose inhalers
Dry powder inhalers
Aerosol inhalers
Aqueous inhalers
Nebulisers
Parts , components and fittings for the aforesaid goods
None of the aforementioned being related to sanitary preparations and substances or hygiene products, including feminine hygiene products, such as sanitary towels, panty liners and tampons.
The mark was filed in class 35 with following description of goods:
Promotional, advertising, information and retail services, all relating to medical, pharmaceutical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care matters
None of the aforementioned being related to sanitary preparations and substances or hygiene products, including feminine hygiene products, such as sanitary towels, panty liners and tampons
None of the above being services relating to pump infusion systems, biomedical thermometers, sphygmomanometers and patient monitoring devices using electrodes or sensors connected to the patient measuring natural physiological parameters such as heart rate, respiration, EEG and ECG signals, blood oxygen and carbon dioxide saturation, and temperature.
The mark was filed in class 42 with Medical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care research and none of the aforementioned being related to sanitary preparations and substances or hygiene products, including feminine hygiene products, such as sanitary towels, panty liners and tampons..
The mark was filed in class 44 with following description of goods:
Medical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care services
Medical and veterinary health assessment services
Provision of medical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care information
Retrieval and storage of medical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care information
Medical, veterinary (excluding veterinary vaccines), diagnostic, healthcare and personal care consultancy services
Health risk assessment surveys
None of the aforementioned being related to sanitary preparations and substances or hygiene products, including feminine hygiene products, such as sanitary towels, panty liners and tampons, none of the above being services relating to pump infusion systems, biomedical thermometers, sphygmomanometers and patient monitoring devices using elctrodes or sensors connected to the patient measuring natural physiological parameters such as heart rate, respiration, EEG and ECG signals, blood oxygen and carbon dioxide saturation , and temperature.