The trademark mirCator was filed by Hummingbird Diagnostics GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 27, 2023, and received one opposition filed on December 27, 2023 by Vicente Castillo, José Ignacio on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003209253 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 26, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical products
Pharmaceuticals
Reagents for diagnostic, pharmaceutical, or medical use
Diagnostic preparations for medical or pharmaceutical purposes
Medical preparations
Diagnostic preparations
Preparations for diagnostic, pharmaceutical, or medical purposes
Sampling kits containing preparations for medical or pharmaceutical purposes
Test kits for diagnostic, pharmaceutical, or medical purposes, in particular mainly consisting of chemical reagents [included in this class]
Kits comprising reagents for diagnostic, pharmaceutical, or medical purposes.
The mark was filed in class 42 with following description of goods:
Scientific and technological services
Scientific analysis and research services in the medical, biotechnological and/or diagnostic fields
Industrial analysis and research services in the medical, biotechnological and/or diagnostic fields
Research and related development of pharmaceutical products and substances
Scientific research services for diagnostic purposes
Preparing scientific opinions
Consultancy services for scientific, laboratory and research purposes
Contract research in the field of pharmacological and clinical development of medicinal products for therapy
Data analysis for scientific and technical purposes, namely analysis of data and clinical trials.
The mark was filed in class 44 with following description of goods:
Medical and veterinary services
Health care for humans and animals
Medical and veterinary diagnostic services in pre-clinical and clinical areas
Diagnostic services for humans and animals
Services of a diagnostic laboratory
Medical analysis services relating to the treatment of humans and animals
Diagnostic services for determining diseases or disorders, monitoring diseases or disorders, or determining the therapeutic success of diseases or disorders
Non-invasive diagnostics
Blood- or biopsy-based diagnostics
Personalized medicine or diagnostics
Diagnostic health monitoring or health surveillance.