The trademark himac EPPENDORF GROUP was filed by Eppendorf SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 19, 2020, and received one opposition filed on February 17, 2021 by Hydac Technology GmbH on Likelihood of confusion. the opponent was represented by BARTELS UND PARTNER, PATENTANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 17, 2021
It was designated 'Basic Application' for International Application 1607774 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 25, 2021. Change of name and professional address of the trademark registration was recorded on January 31, 2024.
The Opposition with reference B 003141095 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 13, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded data
Magnets, magnetizing and demagnetizing devices
Scientific and laboratory equipment for physical reactions using electricity
Optical devices and equipment, amplifiers and correctors
Safety, security, protection and signaling devices and safety, security, protective and signaling equipment
Navigation, orientation, location tracking, targeting and mapping devices
Measuring, detection, monitoring and control devices
Scientific research and laboratory apparatus, teaching apparatus and simulators
Software for data and file management and for databases for scientific, medical and laboratory purposes
Software for monitoring, analyzing, controlling and executing processes in laboratory, research and medical facilities
Special furniture for laboratories
Analysis and diagnostic apparatus for laboratory use
Attachments for temperature control devices and heating and cooling elements for scientific and laboratory purposes
Autoclaves
Pipettes and dispensers as well as pipetting and dispensing devices
Pipette and dispenser tips, including for pipetting robots and automatic pipetting machines
Pipette suction bellows
Pipette adapter
Dispenser and pipette ends and tips, with and without an integrated filter
Pipette holders, in particular in carousel form, including with power supply connections for electric pipettes
Pipette holder systems
Automated pipetting and dispensing systems and robots
Automated devices for life science applications
Automated sample transfer and sample preparation stations
Barcode scanner
Container
Containers for PCR tubes, strips and plates
Containers for samples and microcapillaries and vessels for storing probes in safety workbenches
Operating and measuring software for operating, control and measuring devices for operating, measuring, controlling, monitoring and controlling bioprocesses
Big data management software
Bioprocess control system
Bioprocess software
Bioprocess systems
Bioprocess reactors
Bioreactor and fermenter devices
Bioreactors
Bioreactor systems
Pressure sensor devices for biotech and bioreactor plants
Reusable and disposable bioreactors
Boxes, containers, vessels, stands, holders, filters, trays and racks for pipettes and dispensers, dispenser and pipette tips, reaction vessels, tubes and tubes, petri dishes and lids for scientific and laboratory purposes
Burettes
Software for the control, operation, user communication and calibration of laboratory equipment and instruments
Deepwell plates
Detection apparatus, apparatus, instruments and equipment for scientific and laboratory use
Diluter
DNA amplifiers
Dosing lines
Dosing hoses
Dosing dispenser
Dosing cylinder
Printer
Disposable and consumable articles, in particular made of glass and / or plastic, for scientific and laboratory purposes
Electronic magazines
Disposal bags
Extension boxes for bioreactors to accommodate additional functions
Fermentation systems and analyzers
Remote monitoring and remote control devices
Solid matrix to support the growth of cells
Humidity sensors
Filters and filter sets
Filter plates
Bottles and vials for scientific and laboratory use
Bottle adapter
Bottle holder
Liquid suction devices
Scientific, nautical, surveying, photographic, cinematographic, optical weighing, measuring, signaling, checking, life-saving and teaching apparatus and instruments
Equipment and apparatus, scanners for reading codes for scientific and laboratory purposes and related software
Devices and apparatus for hermetically sealing well plates
Temperature monitoring and control devices
Apparatus, apparatus, instruments and equipment for scientific and laboratory use
Devices, apparatus, instruments and equipment for applications in the field of liquid handling, in particular for dosing, decanting, distributing, stirring, separating, transferring, diluting, aerosol-tight transporting, mixing, mixing, tempering, concentrating, homogenizing, filtering and for combining and reacting Samples, liquids, reagents, liquids and fluids
Devices, apparatus, instruments and equipment for scientific and laboratory purposes in the field of liquid, cell and sample handling and for laboratory sample management
Downloadable electronic publications in the fields of life science and ergonomics and sustainability
Downloadable mobile applications for managing data
Cooling containers for reaction and sample vessels
Cuvettes
Cuvette stand
Laboratory articles, including for single use, disposable articles, in particular made of glass and / or plastic
Laboratory supplies
Laboratory gloves
Membranes for scientific apparatus
Membrane filters for auxiliary pipetting devices
Measuring and control devices for volumetric measurement, transmission and / or dosing of liquids and flowable substances
Microarrays and kits for processing microarrays
Microplate reader for life science and assay development
Microtiter plates
Microdistillers
Microinjection and micromanipulation capillary
Microinjection devices
Micromanipulation devices
Microplates
Microscope adapters for micromanipulation systems
Reaction vessels, tubes and tubes for scientific and laboratory use
Rotors for centrifuges and vacuum concentrators
Stirrers and stirring devices for scientific and laboratory use
Tubes and lines for scientific and laboratory use
Software for managing device data transmission to mobile applications on mobile telephones, smartphones, tablets, portable media players, laptops and desktop computers
Syringes and syringe-like articles for scientific and laboratory use
Devices for protecting external vibrations, namely anti-vibration pads
Parts and accessories for scientific and laboratory apparatus, apparatus, instruments and equipment
All the aforementioned goods exclusively for use in the life science and laboratory sectors and for academic and industrial research but excluding goods encompassing computers or computer hardware.
The mark was filed in class 11 with Autoclaves.
The mark was filed in class 16 with following description of goods:
Printed matter
Filtering materials of paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Stationery and educational supplies
Holding carriers or plates of cardboard, Card and/or cardboard, In particular for packaging containers for individual, positioned holders for pipette tips, tube holders, cannulae, Tubes and Wafer sticks
Cardboard boxes
Pamphlets
Books
Office requisites, except furniture
Pamphlets
Flyers
Forms
Printed publications in the field of laboratory apparatus and instruments, scientific apparatus and instruments and industrial testing agents
Graphic representations
Graphic reproductions
Handbooks [manuals], catalogues and periodicals of paper
Calendars
Teaching and instructional aids
Bookmarkers
Note books
Paperclips
Stationery
Placards of paper or cardboard
Advertisement boards of paper or cardboard
Prospectuses
Periodicals
Periodicals and Newsletters in the field of life sciences, biotechnology, ergonomics and sustainability.
The mark was filed in class 17 with Devices for protection against external vibrations, namely anti-vibration pads.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Organisation of loyalty, incentive and bonus programmes
Consultancy with regard to the organisation and management of laboratories and research facilities
Providing of a website featuring consultancy information relating to laboratory data management
Procurement services, for others, namely purchasing goods and services for other companies
Retailing and wholesaling relating to apparatus, articles, devices, instruments and equipment for scientific, medical and laboratory use
Catalogue merchandising and mail order retailing in connection with the sale of apparatus, articles, devices, instruments and equipment for scientific, medical and laboratory use
Compilation of statistics, In particular from scientific data
Prepared and Management of computerised databases and related consulting
Business efficiency expert services
Publication of publicity texts
Business information
Arranging and administration of exhibitions, Organisation of trade fairs and events, Presentations for scientific, commercial, business and advertising purposes
Presentation of goods and services, including on the internet
Dissemination of advertising matter
Distribution of samples for advertising purposes
Distribution and sale of articles, devices, instruments and equipment for scientific, medical and laboratory use and of computer hardware and software used in connection therewith
Administrative processing, systematisation and management of scientific and laboratory data.
The mark was filed in class 37 with following description of goods:
Installation, cleaning, repair and maintenance of computer hardware
Repair information, Installation and Maintenance of laboratory and medical equipment and accessories
Disinfecting
Interference suppression in electrical apparatus
Servicing, installation, cleaning, maintenance and repair of scientific, optical, weighing, measuring, signalling, checking, life-saving and teaching apparatus and instruments
Servicing, installation, cleaning, maintenance and repair of laboratory apparatus and equipment.
The mark was filed in class 42 with following description of goods:
Development, programming and implementation of software for the scientific, medical and laboratory fields
Development of computer hardware for the scientific, medical and laboratory field
Hosting services, software as a service, and rental of software for the scientific, medical and laboratory field
IT consultancy, advisory and information services in the field of science, medicine, research and laboratories
IT security, protection and restoration in the field of science, medicine, research and laboratories
Rental of computer hardware and systems for the scientific, medical and laboratory field
Consultancy in connection with the use and operation of apparatus, articles, devices, instruments and equipment for scientific laboratory purposes and of computer hardware and software used in connection therewith
Engineering services
Electronic data storage for scientific, medical and laboratory use
Development of bioreactors and bioreactor systems
Surveying
Remote monitoring and control of computer system
Remote monitoring and control of scientific and laboratory apparatus
Research, Development and Technical consultancy, In particular in the field of biotechnology and IT systems associated therewith
Platform as a service (PaaS), mobile backend as a service (MBaaS) and Software as a service (SaaS)
Quality control
Technical and scientific services, in particular in connection with applications, evaluations, appraisals, studies and reports in the field of science and technology
Professional consultancy relating to the science of ergonomics
Scientific research
Scientific laboratory services
Laboratory services
Calibration [measuring] of scientific and laboratory apparatus
Compilation of environmental information
Monitoring of computer systems and Laboratory apparatus for customers via remote access
Rental of equipment, instruments and apparatus for scientific and laboratory purposes
Providing of a digital ecosystem (software) that offers online user business assistance, management and administrative services relating to laboratory and research data management.
The mark was filed in class 44 with Consultancy in connection with the use and operation of apparatus, articles, devices, instruments and equipment for medical purposes and of computer hardware and software used in connection therewith and Rental of devices and instruments and equipment for medical purposes..