The trademark TOLOTEX PHARMA was filed by Abiogen Pharma S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 5, 2023, and received one opposition filed on January 7, 2024 by NEURAXPHARM SPAIN, S.L. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2024
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003209656 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 3, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for humans and animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Vermin destroying preparations
Fungicides, herbicides
Food supplements
Mineral supplements
Vitamin supplements
Pre-filled syringes for medical purposes
Sanitisers
Medical devices, Namely medical substances for use in the prevention, treatment or relief of diseases, as well as in the treatment, relief or compensation of injuries or disabilities.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental, veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Therapeutic and support devices designed for disabled individuals
Massage apparatus
Apparatus, devices and articles for childcare
Sexual activity apparatus, devices and articles
Therapeutic and assistive devices adapted for persons with disabilities
Implantable subcutaneous drug delivery devices
Apparatus for administering pharmaceuticals
Hypodermic syringes
Disposable needles for hypodermic syringes
Hypodermic syringes for use in administering injection substances
Disposable syringes
Syringes for injections
Disposable syringes and Single-use needles
Cannulae
Medical device, Namely instruments, apparatus, implants for use in the prevention, treatment or attenuation of diseases, as well as the treatment, attentuation or compensation of an injury or of a disability
Intra-articular syringes.
The mark was filed in class 42 with following description of goods:
Science and technology services and Research and design relating thereto in relation to the following fields: The pharmaceutical sector and Scientific field
Research relating to biotechnology
Research services, in relation to the following fields: The pharmaceutical sector and Scientific field
Medical and pharmacological research services
Development relating to the following goods: Pharmaceutical preparations, drugs, Medicinal products