The trademark IVOLAR was filed by Roche Diagnostics GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 22, 2021, and received one opposition filed on September 26, 2021 by LABORATORIOS FARMACEUTICOS ROVI, S.A. on Likelihood of confusion. the opponent was represented by ABRIL ABOGADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 4, 2022.
The Appeal with reference B R0954/2023-2 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on November 22, 2023 by the EUIPO. The Opposition with reference B 003155502 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical, biological and biochemical preparations for scientific and research purposes
In vitro diagnostic reagents for use in industry and science
Chemical preparations for use in chromatography
Separation materials for use in liquid chromatography columns
Chemical reagents for use with spectrometers for analyzing biological samples in the clinical diagnostic field, other than for medical or veterinary use.
The mark was filed in class 9 with following description of goods:
Scientific apparatus and instruments
Laboratory apparatus for use in research, science and industry
Laboratory instruments for use in preparation of biological samples, chromatography and analysis of biological samples
Spectrometers
Chromatography columns for use with laboratory instruments for use in preparation of biological samples, chromatography and analysis of biological samples
Computer software for use in the field of diagnostics
Computer software featuring algorithms for laboratory test data analysis
Computer software having processing algorithm used to identify, filter, analyze, visualize and manage data from biological information.