The trademark Haematox was filed by HAEMATO AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 26, 2022, and received one opposition filed on February 10, 2022 by Haemochrom Diagnostica GmbH on Likelihood of confusion. the opponent was represented by Karst, Andreas and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 10, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003163781 was Reject opposition: opposition not admissible according to Article 8(1)(b) EUTMR with decision issued on August 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Botulinum toxin
Pharmaceutical preparations, for use in the following fields: Treatment of tics
Pharmaceutical preparations for the treatment of muscular dystrophy
Pharmaceutical preparations, for use in the following fields: Treatment of dystonia
Pharmaceutical preparations, for use in the following fields: Treatment of cerebral palsy
Pharmaceutical preparations for the treatment of hyperhidrosis
Pharmaceutical preparations for the treatment of headaches
Pharmaceutical preparations, for use in the following fields: Treatment of tremors
Pharmaceutical preparations for treating sports injuries
Pharmaceutical preparations for treating neurodegenerative diseases
Pharmaceutical preparations for the treatment of neurological disorder
Pharmaceutical preparations, for use in the following fields: Treatment of autonomic imbalances
Pharmaceutical preparations for the treatment of wrinkles
Pharmaceuticals for the treatment of pain
Pharmaceutical preparations for treatment of smooth muscle disease
None of the aforesaid pharmaceutical preparations for diagnostic analytical purposes, not for experimental purposes and not for laboratory and research purposes.