The trademark MODAGIN was filed by MODAG GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 11, 2023, and received one opposition filed on August 13, 2023 by STADA Arzneimittel AG on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 13, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Partial Surrender of the trademark registration was recorded on July 2, 2024.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medicines for human purposes
Medicines for veterinary purposes
Pharmaceuticals and natural remedies
Medicines, for use in the following fields: Treating Alzheimer's disease
Medicines, for use in the following fields: Treating neurodegenerative diseases
Chemico-pharmaceutical preparations
Chemical reagents for medical or veterinary purposes
Diagnostic preparations for medical or veterinary purposes
Diagnostic preparations and materials
Diagnostic biomarker reagents for medical purposes
Diagnostic reagents for medical use
Dragees [medicines]
Injectable pharmaceuticals
Medicinal preparations and substances
Antiparkinson agents
Pharmaceutical drugs
Pharmaceuticals
Pharmaceutical preparations for human use
Pharmaceutical preparations for the treatment of Parkinson's disease
Pharmaceutical preparations for use in the treatment of Alzheimer's disease
Pharmaceutical preparations for treating neurodegenerative diseases
Pharmaceutical preparations for the treatment of brain related disorders
Pharmaceutical preparations for the treatment of central nervous system [CNS] diseases
All the aforesaid goods solely relating to neurodegenerative illnesses including Alzheimer's and Parkinson's disease or relating to PET tracers for neurodegenerative illnesses
All the aforesaid goods excluding medicines for the treatment of cardiovascular and cerebrovascular diseases.
The mark was filed in class 42 with following description of goods:
Providing medical and scientific research information in the field of pharmaceuticals and clinical trials
Consultancy relating to pharmaceutical research and development
Biological research
Clinical research and medical research
Medical research laboratory services
Technical tests, in relation to the following goods: drugs
Analysis of human serum for medical research
Analysis of human tissues for medical research
Development of pharmaceutical preparations and medicines
Pharmaceutical products development
Research and development of vaccines and medicines
Providing scientific information in the field of medical disorders and their treatment
Research in the field of pharmacogenetics
Research on the subject of pharmaceuticals
Research and development in the pharmaceutical and biotechnology fields
Clinical research
Laboratory research services relating to pharmaceuticals
Medical research
Medical and pharmacological research services
Pharmaceutical drug development services
Pharmaceutical research services
Pharmaceutical research and development
Inspection of pharmaceuticals
Scientific research in the field of pharmacy
Scientific research and development
All the aforesaid services solely relating to neurodegenerative illnesses including Alzheimer's and Parkinson's disease or relating to PET tracers for neurodegenerative illnesses.
The mark was filed in class 44 with following description of goods:
Medication counseling
Providing information to patients in the field of administering medications
Provision of information relating to medicine
Advisory services relating to the treatment of degenerative diseases
Advisory services relating to medical services
Provision of pharmaceutical information
Advisory services relating to degenerative diseases
Consultancy and information services relating to pharmaceutical products
Consultancy and information services provided via the Internet relating to pharmaceutical products
Consultancy and information services relating to medical products
Advisory services relating to pharmaceuticals
Medical services
Health care services for treating Alzheimer's disease
Pharmaceutical services
Preparation and dispensing of medications
All the aforesaid services solely relating to neurodegenerative illnesses including Alzheimer's and Parkinson's disease or relating to PET tracers for neurodegenerative illnesses.