The trademark enver was filed by Enverque GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 1, 2022, and received one opposition filed on February 28, 2023 by LABORATÓRIOS BASI - INDÚSTRIA FARMACÊUTICA, S.A. on Likelihood of confusion. the opponent was represented by Pinto de Oliveira, Abel Dário and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 28, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on January 19, 2023. Change of name and professional address of the trademark registration was recorded on January 26, 2023.
The Opposition with reference B 003191317 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 10, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Disinfectants and antiseptics
Diagnostic preparations and materials
Air deodorising and air purifying preparations
Rapid tests
Bowel tests and bowel test kits
Saliva tests and saliva test kits
Stool tests and stool test kits
Blood tests and Blood test kits
Test kits for the determination of antigens for COVID-19 illnesses
Test kits For medical and veterinary uses, Especially Test kits for determining vitamin deficiencies, allergies, food intolerances, hormones, nutrient deficiencies, thyroid levels, DNA, RNA, proteins, genes and antigens, antibodies, bacteria, viruses, fungi, parasites
Control test strips For medical and veterinary uses
Swabs for medical use
Medical diagnostic test strips
In vitro diagnostic preparations for medical use
Reagents for in-vitro laboratory use [for veterinary purposes]
Reagents for in-vitro laboratory use [for medical purposes].
The mark was filed in class 10 with following description of goods:
Medical testing devices for home use
Medical apparatus and instruments, for use in relation to the following goods: Test kits
Testing apparatus for medical purposes, namely Analysers for testing body fluids
Capillary tubes for samples
Diagnostic, examination, and monitoring equipment
Protective breathing masks for medical applications
Tubules filled with buffer solutions, for diagnostic purposes.
The mark was filed in class 35 with following description of goods:
Automated processing of medical data
Retailing and wholesaling, Including online via the internet, apps and online platforms, in relation to the following goods: Medical apparatus and instruments
Retailing and wholesaling Including online via the internet, apps and online platforms in relation to the following goods: Medical preparations and articles and veterinary preparations and articles
Provision of business statistical information relating to medical matters
Maintaining a registry of certified medical technical professionals
Business management of hospitals
Advertising, marketing and promotional services
Health care cost review
Administrative management of hospitals, Management of health centres
Compilation of statistical data relating to medical research
Administrative processing of scientific purchase contracts, in the following fields: Chemicals, Biotechnology, Preparations for diagnosis, Analysis, genetic engineering
Administrative processing of scientific purchase contracts in the field of pharmacy and human medicine for food intolerance and food allergies.
The mark was filed in class 42 with following description of goods:
IT services
Laboratory testing, in the following fields: Biomarkers
Scientific and technological research, in the following fields: Chemistry, Pharmacy, Biotechnology, Diagnostics, Analysis, Genetic engineering, Medicine
Testing, authentication and quality control
Laboratory services
Research laboratories
Biological laboratory services
Chemical laboratories
Analytical laboratory services
Scientific laboratory services
Analytical laboratory services
Consultancy relating to laboratory testing
Scientific and technological consultancy, in the following fields: medical diagnostics, Including online
Laboratory testing
Chemical laboratories
Metallurgical laboratory services
Optical laboratories
Medical laboratory services
Laboratory testing of materials
Veterinary laboratory services
Rental of laboratory apparatus and instruments
Laboratory research services relating to pharmaceuticals
Laboratory research in the field of chemistry
Laboratory research services relating to dermatology
Laboratory research in the field of cosmetics
Laboratory analysis in the field of cosmetics
Laboratory analysis in the field of chemistry
Laboratory research in the field of gene expression