The trademark Syngene SynTACS was filed by Syngene International Limited, a corporation established under the laws of the Republic of India (the "Applicant"). The application was published for oppositions on September 28, 2023, and received one opposition filed on December 20, 2023 by SYNGENTA PARTICIPATIONS AG on Likelihood of confusion. the opponent was represented by MILOJEVIC, SEKULIC & ASSOCIATES, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Bio-technological products including, enzymes, protein carbohydrates, lipids, and nucleic acids, DNA products, immunological re-agents, and fine chemicals including organic intermediates
Active chemical ingredients for use in the manufacture of pharmaceuticals for treating diseases and conditions
Assays for research purposes
Biomedical compounds, namely, peptide substrates used in analysing and detecting certain toxins for laboratory, research, clinical or medical laboratory use
Chemical polymers
Chemicals for use in biotechnological product development
Chemicals, namely, chitosan
Chitosan for industrial purposes
Aldehydes
Chromatography chemicals
Cells for scientific, laboratory or medical research
Reagents for use in the development of hybridoma antibodies [other than for medical or veterinary purposes]
Nucleic acid sequences and chemical reagents for other than medical and veterinary purposes
Nucleotides for scientific and research use
Protein arrays and nucleotide arrays for scientific and medical research
Peptides for industrial purposes
Proteins for use in recombinant DNA technology [other than for medical use]
Specialty chemicals, namely, chemical additives for general industrial use in the manufacture of a wide variety of goods
Reference standards [chemicals] for use in science and industry
Isotopes for industrial purposes
Biochemicals for in vitro and in vivo scientific use
Biochemicals, namely, monoclonal antibodies for in vitro scientific or research use
Diagnostic reagents for in vitro use in biochemistry, clinical chemistry and microbiology
None of the aforesaid goods relating to gel imaging and gel analysis applications and none of the aforesaid goods relating to chemicals used for agrochemicals purposes, chemicals used for horticulture purposes, chemicals used for forestry purposes and chemicals used for grain production purposes.
The mark was filed in class 5 with following description of goods:
Bio-logical and bio-technological products pertaining to pharmaceutical and medical industries and formulations thereof
Drug testing kits comprised of medical diagnostic reagents and assays for testing body fluids
Antibodies
Synthetic peptides for pharmaceutical purposes
Aldehydes for pharmaceutical purposes
Imaging agents for magnetic resonance imaging (MRI)
Nucleic acid sequences and chemical reagents for medical and veterinary purposes
Pharmaceutical preparations and substances for use in oncology
Biological tissue grafts
Vascular grafts [living tissue]
Biopharmaceuticals for the treatment of cancer
Yeast and yeast extracts for medical, veterinary or pharmaceutical purposes
Proteins for use in recombinant DNA technology for medical purposes
Regulatory proteins for medical use
Medicines for veterinary purposes
Isotopes for medical purposes
Biological preparations for medical purposes
Chemical preparations for use in DNA analysis [medical]
Diagnostic kits consisting primarily of monoclonal antibodies, buffers, and reagents for use in disease testing
None of the aforesaid goods relating to gel imaging and gel analysis applications and none of the aforesaid goods relating to chemicals used for agrochemicals purposes, chemicals used for horticulture purposes, chemicals used for forestry purposes and chemicals used for grain production purposes.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary instruments and apparatus
Artificial limbs, eyes and teeth
None of the aforesaid goods relating to gel imaging and gel analysis applications.
The mark was filed in class 16 with following description of goods:
Paper and paper articles
Paper and cardboard, office machines and labels
Printed matter, newspaper and periodicals books
Book-binding materials
Photographs stationery
Adhesive materials (stationery)
Artists’ materials
Paint brushes typewrite and office requisites (other than furniture)
Instructional and teaching materials (other than apparatus)
Directories and journals, printed training materials in the field of clinical study, medical writing & pharmacovigilance services
None of the aforesaid goods relating to gel imaging and gel analysis applications
None of the aforesaid goods used for packaging of agrochemical products and seeds.
The mark was filed in class 35 with following description of goods:
Business advisory services, namely, formulation of best practices for drug discovery, formulation development, clinical supplies, large molecule development, antibody drug conjugates and clinical development services
Consulting services in the field of medical practice management for others
Business consulting and management in the field of clinical trials, namely, providing information management services
Business consulting and management in the field of clinical trials, namely, clinical data and regulatory submission management on behalf of medical, biopharmaceutical and biotechnology companies to assist them with clinical research, clinical trials and applications for drug approval
Regulatory submission management, namely, assisting others in preparing and filing applications for new drugs with governmental regulatory bodies
Business management consulting services in the field of pharmaceuticals drug development
None of the aforesaid services relating to gel imaging and gel analysis applications.
The mark was filed in class 39 with Storage of human cells.
The mark was filed in class 40 with following description of goods:
Polymerization
Custom manufacture of pharmaceuticals, chemotherapy drugs, antibiotic medicines, medicines, drugs by pharmaceutical compounders
Contract manufacturing in the field of pharmaceuticals and drug development.
The mark was filed in class 42 with following description of goods:
Scientific research and custom synthesis
Scientific and clinical research
Scientific research and development
Custom design and development of chemical reagents and biochemical assays
Laboratory testing
Laboratory testing services
Testing of pharmaceuticals
Chemical engineering
Behavioural analysis of chemicals
Drug discovery services
Pharmaceutical drug development services
Pharmaceutical products development
Development of pharmaceutical preparations and medicines
Scientific study and research in the field of reproduction, husbandry, and general health of animal
Biotechnology research for determining the neuronal survival of molecules in animal models
Research and development services in the field of antibodies, antibody technology
Design, engineering, research, development and testing services in the field of polymeric materials, polymer synthesis, and materials customization for medical, scientific, and technological applications
Toxicology services
Toxicity analysis
Toxicity testing for research purposes
Clinical trials (conducting)
Conducting clinical trials for others [scientific research]
Conducting clinical trials for pharmaceutical products
Providing medical and scientific research information in the field of clinical trials
Conducting early evaluations in the field of new pharmaceuticals
DNA analysis services for scientific research purposes
Laboratory research in the field of gene expression
Blood analysis services for scientific research purposes
Analysis of human tissues for medical research
Scientific services relating to the isolation and cultivation of human tissues and cells
Preparation of reports relating to scientific and technical research
Analysis in the field of molecular biology
Contract research services relating to molecular sciences
Biological cloning services
Structural and functional analysis of genomes
Laboratory services
Services of a chemical and/or biological laboratory
Laboratory research services relating to pharmaceuticals
Research and development and consultation related thereto in the field of antibodies, antibody technology
Research and development and consultation related thereto in the field of chemistry, bioinformatics, biomedical, biologics, biotechnology, bio therapeutics, biology, biochemical
Research and development and consultation related thereto in the field of cell line, chemoinformatic, genetics and genetic engineering, gene expression systems, in vitro, inhalation pharmaceuticals, molecular sciences, micro-organisms
Research and development and consultation related thereto in the field of nutrition, ophthalmic, pharmacogenetics, pharmacokinetics, pharmacology, pharmaceuticals, polymer, peptide synthesis, protein, solid state characterization
Toxicokinetic
Toxicology
Scientific and technological services, namely, scientific research, development, analysis, testing, engineering, extraction, synthesis, purification and production in the field of antibody, API, biomolecules, cell bank characterization, chiral, chromosome aberration
Scientific and technological services, namely, scientific research, development, analysis, testing, engineering, extraction, synthesis, purification and production in the field of clinical chemistry, cloning vector, cyclotides, DNA, flow cytometry, gas chromatography mass spectrometry, gene
Scientific and technological services, namely, scientific research, development, analysis, testing, engineering, extraction, synthesis, purification and production in the field of immuno-pharmaceuticals, in vitro irritation, large molecule, liquid chromatography mass spectrometry, microbial, monomer, nano particle, natural products, peptides, proteins, RNA, supercritical fluid chromatography, small molecules and vaccines
None of the aforesaid services relating to gel imaging and gel analysis applications and none of the aforesaid services in the field of agriculture, horticulture and forestry.
The mark was filed in class 44 with following description of goods:
Medical diagnostic testing, monitoring and reporting services
Preparation of reports relating to medical matters