The trademark iProtin was filed by Tst biomedical electronics Co., Ltd., a corporation established under the laws of Taiwan, Republic of China (the "Applicant"). The application was published for oppositions on April 16, 2020, and received one opposition filed on July 12, 2020 by BioSystems, S.A. 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 July 12, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 11, 2021.
The Appeal with reference B R1772/2021-2 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on June 19, 2022 by the EUIPO. The Opposition with reference B 003126018 was rejected according to Article 8(1)(b) CTMR with decision issued on September 7, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Biological preparations for medical purposes
Diagnostic preparations for medical purposes
Chemical preparations for medical purposes
Diagnostic biomarker reagents for medical purposes
Immunoassay reagents for medical use
Test reagent for pregnancy
Test reagent for hepatitis
Chemical reagent for medical purposes
Diagnostic test reagent
Reagent paper for medical purpose.
The mark was filed in class 10 with External/in vitro diagnostic tester for medical purposes and veterinary apparatus and instruments..
The mark was filed in class 42 with following description of goods:
Medical research service
Scientific laboratory services
Scientific and technological research for medical purposes
Scientific research
Material testing
Electronic data storage service
Computer system analysis
Biological research
Conducting clinical trials for pharmaceuticals
Clinical trials
Research and analysis of medical reagent
Software design of mobile phone
Design and development of mobile application software
Computer software design
Computer software development
Maintenance of computer software
Software design and development
Updating of data processing software
Compilation of data processing program
Cloud computing.
The mark was filed in class 44 with following description of goods:
Medical consultancy
Health Consultation
Hospital services
Medical clinic services
Medical equipment rental
Medical device rentals
Telemedicine services
Medical screening
Medical analysis services for diagnostic and treatment purposes provided by medical laboratories
Human tissue bank services
Health center services
Massage
Animal medical care
Veterinary service
Veterinary assistance
Rental of sanitary installations
Medical biochemical analysis for diagnostic and treatment purposes.