The trademark IXCYTE was filed by Upcyte technologies GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 16, 2020, and received one opposition filed on June 16, 2020 by Incyte Holdings Corporation on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by LINDEN & DE ROECK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 16, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Cells or cell lines for the tolerance or efficiency testing of pharmaceutical products or chemical products
Cells or cell lines for the tolerance or efficiency testing of hygienic products or cosmetic products
Cell growth media for growing cells for scientific use
All of the aforementioned goods are exclusively related to the field of customized cell line development and testing.
The mark was filed in class 5 with following description of goods:
Cells or cell lines for medical use
Cell growth media for growing cells for medical use
All of the aforementioned goods are exclusively related to the field of customized cell line development and testing.
The mark was filed in class 42 with following description of goods:
Scientific services exclusively related to the field of customized cell line development and testing for pharmaceutical, biotechnological, diagnostic, analytical, medical or gene-technological laboratories, industrial facilities, research and development facilities
Contract research exclusively related to customized cell line development and testing in the fields of chemistry, pharmacy, biotechnology, diagnostics, analysis, and medicine
Research and development in the field of cells or cell lines.