The trademark ILLUMINOX was filed by Rakuten Medical, Inc, a U.S. corporation (the "Applicant"). The application was published for oppositions on April 22, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on July 21, 2021 by CRISTALFARMA S.r.l. on Likelihood of confusion. the opponent was represented by CON LOR S.P.A. and its proceedings were handled in English The second opposition filed on June 20, 2021 by Illumina, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Burges Salmon IP Ireland Limited and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with Pharmaceutical preparations for the treatment and prevention of cancer.
The mark was filed in class 10 with Medical devices for treating and preventing cancer.
The mark was filed in class 41 with Educational services, namely, providing classes, seminars, and lectures, all in the field of the diagnosis and treatment of cancer and education, providing training in the oncology field..
The mark was filed in class 42 with following description of goods:
Scientific, biological, and medical research
Advancing knowledge and developing new approaches through conducting clinical trials for others
Providing temporary use of on-line non-downloadable software for tracking and storing personal information about the symptoms, side effects, treatment of and experience with an individual's cancer, logging daily actions and results of activity and cognitive tests, and sharing results based on such information.
The mark was filed in class 44 with following description of goods:
Providing information in the field of health care, medical conditions, medicine and pharmaceuticals
Providing medical information on pharmaceuticals and oncology platforms
Providing medical and patient support information in relation to the treatment of cancer
Counseling services, namely, medical counseling for patients diagnosed with cancer
Information services in the field of diagnosing and treating cancer
Providing online information services, namely, prescription drug information
Providing information in the field of medicine
Providing medical information regarding medical conditions and diseases and providing information relating to the health effects of pharmaceuticals
Providing an Internet website featuring information and content about cancer, cancer recovery, cancer treatment, and post-cancer treatment care and survival
Providing an online searchable database featuring articles and information about cancer, cancer recovery, cancer treatment, and post-cancer treatment care and survival
Medical diagnostic testing and reporting services
Genetic testing for diagnostic and treatment purposes
Providing healthcare information regarding cancer drugs and cancer treatment
Providing prescription drug research information by means of providing links to third party websites relating to cancer drugs.