The trademark Acesta was filed by ACtest Biotech (Hangzhou) Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 20, 2023, and received one opposition filed on November 20, 2023 by LES LABORATOIRES ASEPTA on Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and address of the trademark registration was recorded on October 29, 2023. Change of name and address of the trademark registration was recorded on November 2, 2023.
The Opposition with reference B 003207378 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 27, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Chemical reagents for medical or veterinary purposes
Diagnostic biomarker reagents for medical purposes
Diagnostic preparations for medical purposes
Chemical preparations for the diagnosis of pregnancy
Disinfectants
Dietetic substances adapted for medical use
Detergents for medical purposes
Diagnostic preparations for veterinary use
Herbicides
Cotton swabs for medical use.
The mark was filed in class 10 with following description of goods:
Droppers for medical purposes
Diagnostic apparatus for medical purposes
Medical diagnostic instruments
Medical apparatus and instruments
Dental equipment
Dental instruments
Ultrasonic diagnostic instruments for medical use
Medical gloves
Non-chemical contraceptives
Artificial surgical implants
Orthopedic articles
Suture materials.
The mark was filed in class 35 with following description of goods:
Display of merchandise on communication media for retail purposes
Advertisement of pharmaceuticals and in-vivo imaging products
Provision of commercial information and advice to consumers on selection of goods and services
Provision of commercial information through websites
Import/export agency
Personnel management consulting
Compilation of information for commercial or advertising purposes
Administrative services for medical referrals
Accounting
Sponsorship seeking
Cash register rental
Vending machine rental
Sales display stand rental
Wholesale services of pharmaceutical, veterinary, sanitary preparations and medical supplies
Retailing of pharmaceutical, veterinary, hygienic preparations and medical supplies.
The mark was filed in class 42 with following description of goods:
Pharmaceutical Research
Technical Research
Research and Development of New Products for Others
Pharmaceutical Research Services
Medical Research
Development of Pharmaceutical Preparations and Drugs
Biological Research
Biological Research and Analysis
Bacteriological Research
Drug Testing.
The mark was filed in class 44 with following description of goods: