018276076

Divinum

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July 20, 2020

Trademark Summary

The trademark Divinum was filed by Apeiron Investment Group Ltd, a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on August 12, 2020, and received one opposition filed on November 3, 2020 by Diaverum AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BRIMONDO AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2020

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by Unit 4 Manufacturing Inc. (represented by INGENIAS) on October 11, 2023 and Final decision – Request rejected on formalities.

Change of name and address of the trademark registration was recorded on August 3, 2021. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 28, 2022. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on October 17, 2023.

The Cancellation with reference B 000053112 was Cancellation rejected according to Article 7(1)(b) CTMR with decision issued on July 6, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Dietary supplements and dietetic preparations
  2. Sanitary preparations and articles
  3. Dental preparations and articles, and medicated dentifrices
  4. Pharmaceuticals and natural remedies.
• The mark was filed in class 10 with following description of goods:
  
  1. Prosthetics and artificial implants
  2. Orthopedic and mobility aids
  3. Medical and veterinary apparatus and instruments
  4. Physical therapy equipment.
• The mark was filed in class 35 with following description of goods:
  
  1. Business analysis, research and information services
  2. Commercial trade and consumer information
  3. Business assistance, management and administrative services
  4. Advertising, marketing and promotional services
  5. Commercial services and consumer information, namely retailing and wholesaling, including via the internet, in the fields of medicines, medical technology apparatus and devices, veterinary preparations, apparatus and devices, chemicals, foodstuffs, sanitary articles, agricultural products, animal food
  6. All the above unrelated to preventive care, management and treatment of kidney and kidney diseases.
• The mark was filed in class 36 with following description of goods:
  
  1. Financial and monetary services, and banking
  2. Valuation services
  3. Fundraising and financial sponsorship
  4. Real estate services
  5. Insurance underwriting
  6. Pawnbrokerage.
• The mark was filed in class 40 with following description of goods:
  
  1. Manufacture of medicines, for others
  2. Custom manufacture of pharmaceuticals
  3. Custom manufacture of dental prosthesis and dentures
  4. Food and beverage treatment.
• The mark was filed in class 41 with following description of goods:
  
  1. Education
  2. Training
  3. Planning and conducting of teaching, seminars and workshops in the fields of health, pharmacy, biotechnology, food science, food technology, agriculture and veterinary medicine
  4. All the above unrelated to preventive care, management and treatment of kidney and kidney diseases.
• The mark was filed in class 42 with following description of goods:
  
  1. Science and technology services
  2. Testing, authentication and quality control
  3. Medical and pharmacological research services
  4. Medical laboratory services
  5. Computer programming in the medical field
  6. Scientific investigations for medical purposes
  7. Design and development of medical diagnostic apparatus
  8. Provision of information and data relating to medical and veterinary research and development
  9. Research and development in the fields of pharmacy, biotechnology, food science, food technology, agriculture and veterinary medicine
  10. Information relating to medical and scientific research in the fields of pharmacy, biotechnology, food science, food technology, agriculture and veterinary medicine
  11. Providing of online computer software for accessing, managing, updating and displaying electronic databases, in particular in the fields of health, pharmacy, biotechnology, food science, food technology, agriculture and veterinary medicine
  12. Development of pharmaceutical preparations and medicines
  13. Research and development of vaccines and medicines
  14. Consultancy in the field of pharmaceutical research
  15. Providing information about the results of clinical trials for pharmaceutical products
  16. Pharmaceutical product evaluation
  17. Biological research, clinical research and medical research
  18. Biomedical research services
  19. Testing of pharmaceuticals
  20. Clinical research
  21. Clinical research
  22. Medical research
  23. Inspection of pharmaceuticals
  24. Consultancy relating to biotechnology
  25. Biology consultancy
  26. Biochemistry consultancy
  27. Chemical research and analysis services
  28. Preparation of reports in the biotechnology field
  29. Genetic engineering services
  30. All the above unrelated to preventive care, management and treatment of kidney and kidney diseases.
• The mark was filed in class 44 with Pharmaceutical services unrelated to preventive care, management and treatment of kidney and kidney diseases.