The trademark ARTICE was filed by Artcline GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 4, 2021, and received one opposition filed on August 4, 2021 by Medtronic, Inc. on Likelihood of confusion. the opponent was represented by WITHERS & ROGERS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2021
It was designated 'Basic Application' for International Application 1632482 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).
Goods And Services
The mark was filed in class 1 with Biological and biochemical preparations, in particular in form of antibodies, antibody derivatives, binding proteins and peptides for laboratory and experimentation purposes, in particular for conducting experimental assays (other than for medical or veterinary purposes).
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Biological and biochemical preparations in form of antibodies, antibody derivatives, binding proteins and peptides for medical or veterinary purposes
Biological and biochemical preparations in form of bifunctional or multifunctional proteins with binding affinity to immune cells, in particular with binding affinity to T cells and natural killer (NK) cells, in particular for the subsequent targeting of cancer cells
Biological and biochemical preparations for diagnostic and therapeutic use, in particular in form of antibodies, antibody derivatives, binding proteins and peptides
Biological and biochemical preparations in form of antibodies, antibody derivatives, binding proteins and peptides for use within the framework of experimental and medical or veterinary assays
None of the aforesaid goods in class 5 for use relating to kidney injury and all of the aforesaid goods in class 5 other than cardiovascular products.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments for the treatment of infections, in particular for the treatment of sepsis
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
None of the aforesaid goods in class 10 for use relating to aneurysms, embolisation procedures or kidney injury.
The mark was filed in class 42 with following description of goods:
Scientific and technological services, research and design in the field of immunotherapy, in particular in the field of immuno-oncology
Scientific and technological services, research and design in the field of virology
Scientific and technological services, research and design in the field of antiinfectives
Scientific and technological services, research and design in the field of neurodegenerative diseases
Scientific and technological services, research and design in the filed of autoimmune diseases
In particular all of the aforesaid services related to the use of antibodies, antibody derivatives, binding proteins and peptides
Scientific and technological services, research and design in the field of immunotherapy by means of activating or modulating innate and adaptive immunity, in particular in the field of immune-oncology
Industrial analysis and research services.
The mark was filed in class 44 with following description of goods:
Medical services, in particular in the field of immunotherapy, in particular in the field of immuno-oncology or Relating to severe infections or sepsis
Medical services in the field of virology
Medical services in the field of antiinfectives
Medical services in the field of neurodegenerative diseases
Medical services in the field of autoimmune diseases
In particular all of the aforesaid services related to the use of antibodies, antibody derivatives, binding proteins and peptides
Medical services in the field of immunotherapy by means of activating or modulating innate and adaptive immunity, in particular in the field of immuno-oncology
None of the aforesaid services in class 44 being medical services relating to the treatment of aneurysms and all of the aforesaid services in class 44 other than cardiovascular products.