The trademark ETHERNA was filed by ETheRNA immunotherapies NV, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on February 13, 2023, and received one opposition filed on May 7, 2023 by Digicando srl on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 7, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 18, 2023.
The Opposition with reference B 003195062 was Reject opposition: opposition not admissible according to Article 8(1)(a) CTMR with decision issued on December 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Biological preparations, other than for medical or veterinary purposes, for boosting cells in the immune system for improved therapies
Biological preparations, other than for medical or veterinary purposes, namely, a mRNA-based composition for enhancing immunities
Biological preparations in the nature of genetically modified cells and vectors for scientific and research purposes
Biological and chemical reagents including complexes of these molecules for research and for clinical and industrial use.
The mark was filed in class 5 with following description of goods:
Vaccines
Vaccine adjuvants
Medical, biological, and pharmaceutical preparations for medical use, namely, preparations containing messenger RNA for preventing and treating viruses, medical disorders, and diseases
MRNA-based therapeutics and therapeutic agents for in prevention and treatment of viruses, medical disorders, and diseases
Lipid nanoparticles for pharmaceutical, medical or diagnostic purposes
Drug carriers for medical use, namely, lipid nanoparticles for delivering drugs
Lipid nanoparticles for drug delivery sold as an integral component of drugs
Pharmaceutical preparations, namely, messenger RNA and delivery agents comprised of lipid nanoparticle carriers and polymers for the delivery of mRNA to human cells.
The mark was filed in class 40 with following description of goods:
Custom manufacture of pharmaceutical and medical preparations
Custom manufacture of mRNA molecules
Custom manufacture of mRNA molecules formulated in lipid nanoparticles
Custom manufacture of mRNA for use in vaccines, cell therapy, gene editing, protein replacement, and antibodies
Provision of information, advice and consultancy services relating to all of the aforesaid.
The mark was filed in class 42 with following description of goods:
Scientific research and development
Pharmaceutical research and development services
Medical research and development services
Scientific, pharmaceutical, and medical research and development in the field of mRNA therapeutics
Scientific, pharmaceutical, and medical research and development in the field of proprietary lipids and lipid nanoparticle formulations for the delivery of mRNA therapeutics for the treatment of various medical disorders, cancer, and infectious diseases.