The trademark EXAI BIO was filed by Exai Bio Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on June 1, 2023, and received one opposition filed on August 30, 2023 by Eisai R&D Management Co., Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mewburn Ellis LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2023
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with Reagents, enzymes, nucleotides, antibodies, solvents and assays for conducting assays for scientific use and diagnostic preparations for scientific use..
The mark was filed in class 5 with following description of goods:
Diagnostic kits comprised of medical diagnostic reagents
Kits comprised of antibodies, nucleotides, solvents, enzymes for testing of bodily fluids for use in disease detection and testing
Medical diagnostic reagents and assays for testing of body fluids
Diagnostic preparations for medical use
Kits comprising biological and chemical preparations for medical diagnostics.
The mark was filed in class 42 with following description of goods:
Diagnostic testing for research and development of cancer diagnostics and treatments
Clinical trials
Clinical laboratory services.
The mark was filed in class 44 with following description of goods:
Medical diagnostic testing services
Predictive medical analysis services relating to the selection of treatments for cancer
Medical diagnostic screening and analytical services in the field of medical diagnostic testing.