The trademark MADX was filed by MacroArray Diagnostics GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on February 17, 2022, and received one opposition filed on March 30, 2022 by Maddox Pharma Swiss B.V. on Likelihood of confusion. the opponent was represented by LIESEGANG & PARTNER MBB, RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 30, 2022
It was designated 'Basic Application' for International Application 1703675 at the World Intellectual Property Organization (WIPO).
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 following description of goods:
Diagnostic preparations and substances for medical purposes
Diagnostic biomarker reagents for medical purposes
Reagents for use in diagnostic tests (for medical purposes)
Diagnostic testing materials for medical use
Diagnostic preparations used to diagnose allergy and/or food intolerance
Diagnostic products for diagnosis of allergy and/or food intolerance
Kits comprising the aforesaid goods
Biological kits comprising arrays and reagents for detection and measurement of biological analytes for use in the diagnosis of medical and/or health problems in humans, in particular to diagnose allergy and/or food intolerance.
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for chemical and biological analysis for scientific, laboratory or medical research use
Arrays or devices for chemical or biological analysis for scientific, laboratory or medical research use
Cartridges for use in chemical or biological analysis for scientific, laboratory or medical research use
Diagnostic apparatus, not for medical purposes.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and development relating thereto
Research and development regarding assays, selection, screening, and testing, in particular in the field of allergy and/or food intolerance
Development and design of biochemical markers, rapid diagnostics and diagnostic preparations, in particular in the field of allergy and/or food intolerance.
The mark was filed in class 44 with following description of goods:
Medical diagnostic services (testing and analysis)
Medical health assessment services relating to allergy and/or dietary problems, in particular food intolerance
Health counselling relating to medical, health and/or dietary problems, in particular food intolerance and allergy
Medical clinic services and medical analysis services for diagnostic and treatment purposes, in particular provided by medical laboratories
Medical screening in the field of allergy and/or food intolerance.