The trademark DARWIN was filed by Darwin AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 29, 2022, and received one opposition filed on November 29, 2022 by Tradeslide Ventures Limited on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 29, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by DARWIN BIOPROSPECTING EXCELLENCE SL (represented by PONS IP, S.A.) on August 7, 2024 and Adversarial proceedings are ongoing.
Change of name and address of the trademark registration was recorded on September 28, 2023. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on August 8, 2024. Change of name and professional address of the trademark registration was recorded on September 17, 2024.
Goods And Services
The mark was filed in class 3 with Animal grooming preparations and Cosmetics for animals..
The mark was filed in class 5 with following description of goods:
Medicine
Diagnostic preparations and materials
Chemical preparations for medical purposes
Biological preparations for medical purposes
Biotechnological preparations for medical use
Biochemical preparations for medical use
Bacteriological preparations for medical purposes.
The mark was filed in class 31 with following description of goods:
Live animals
Living creatures for breeding
Foodstuffs and fodder for animals
Agricultural, horticultural, forestry products, Aquaculture goods, Except for the following botanical genera: Festuca, Agrostis, Dactylis, Festulolium, Lolium, Phalaris, Phleum, Poa, Triticum, Secale, Triticale, Triticosecale, Allium, Phalaenopsis, Lilium.
The mark was filed in class 35 with following description of goods:
Business administration
Management administration of commercial undertakings
Advisory services relating to business administration
Business administration services in the field of healthcare
Business management
Business consultancy and advisory services
Development of business strategies.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research relating thereto
Design and development of computer hardware and software
Providing information about the design and development of computer hardware and software.
The mark was filed in class 44 with following description of goods:
Medical services
Human healthcare services
Provision of medical services
Healthcare consultancy and information
Providing information relating to medical services
Medical services for the diagnosis of conditions of the human body