The trademark MORPHOCEUTICALS was filed by Morphoceuticals, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 28, 2022, and received one opposition filed on February 26, 2023 by MorphoSys AG on Likelihood of confusion. the opponent was represented by Kunze Rechtsanwälte - Solicitor (England & Wales) PartG mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 26, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use in scientific research [other than medical or veterinary]
All of the aforesaid limited to use in relation to tissue, organ and limb repair and regeneration therapy
Stem cells for research or scientific purposes
Diagnostic preparations for scientific or research use other than for medical use
Media for cell culture for use in non-medical research laboratories
Reagents for medical research
Reagents for scientific or medical research use.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Medical and veterinary preparations and articles
All of the aforesaid limited to use in relation to tissue, organ and limb repair and regeneration therapy
Pharmaceutical preparations containing stem cells
Stem cells for medical purposes
Stem cells for veterinary purposes
Surgical implants grown from stem cells
Surgical implants grown from stem cells namely living tissues, organs and limbs
Cells for medical or clinical use.
The mark was filed in class 9 with following description of goods:
Apparatus, instruments and devices for the regeneration of stem cells for scientific and research purposes
Computer software
Computer programs
Computer hardware.
The mark was filed in class 10 with following description of goods:
Surgical and medical apparatus and instruments
Surgical and medical devices
Surgical and medical apparatus, instruments and devices for the regeneration of stem cells for medical purposes
Artificial limbs
Body limb compression sleeves
Hooks for limb replacement
Limb compression instruments
Limbs (artificial -)
Prosthetic sheaths for limbs
Prosthetic sleeves for limbs
Prosthetic socks for limbs.
The mark was filed in class 35 with following description of goods:
Compilation of statistical data relating to medical, veterinary and clinical research
Compilation and systemization of information into computer databases
Compilation and processing of data for use in scientific and medical research
Data processing services in the field of healthcare.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer software and hardware
Providing online, non-downloadable software
Biomedical analysis [research] and data mining services
Bioinformatics services
Biological, medical and clinical data analysis (being technical analysis), including consultancy regarding generation of biological, medical and clinical data
Computational analysis of scientific and medical data
Stem cell research services
Biological research, clinical research and medical research
Veterinary research services
Scientific research for medical purposes
Medical research laboratory services
Providing medical and scientific research information in the field of stem cells, tissue, limb and organ regeneration and clinical trials
Provision of information and data relating to medical and veterinary research and development
All of the aforesaid limited to use in relation to tissue, organ and limb repair and regeneration therapy.
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Healthcare services
Medical and healthcare services relating to the removal, treatment and processing of stem cells
Medical and healthcare services relating to human and animal tissue, limb and organ regeneration
Stem cell therapy services
Stem cell storage services
Stem cell bank services
Fitting of artificial limbs, prosthetic devices and prostheses