The trademark AbC-19 was filed by Forsite Diagnostics Limited (also trading as Abingdon Health), a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 17, 2020, and received one opposition filed on September 16, 2020 by ABC FARMACEUTICI S.P.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS S.P.A.
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 15, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Diagnostic reagents and accessories for medical use
Diagnostic preparations for medical purposes
Kits comprised of diagnostic reagents for medical use
Medical diagnostic test strips
Lateral flow assay test strips and cassettes
Diagnostic preparations for medical purposes
Reagents and test strips for use in detecting the presence of nucleic acid targets, and indicators of diseases, such indicators including enzymes, antigens, antibodies and nucleic acids
Immunoassay reagents for medical use
All the aforementioned goods not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.
The mark was filed in class 9 with following description of goods:
Scientific, research, optical, weighing, measuring, detecting and testing apparatus and instruments
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Software applications
Computer software for medical diagnostics, lateral flow readers lateral test flow readers, lateral flow kits, diagnostic apparatus and instruments and medical diagnostic test kits
Computer software and hardware for the design, creation and control of tools for medical diagnostics, lateral flow readers, lateral test flow readers, lateral flow kits, diagnostic apparatus and instruments, and medical diagnostic test kits
Data-processing software, apparatus, equipment, hardware and computers for medical diagnostics, lateral flow readers, lateral test flow readers, lateral flow kits, diagnostic apparatus and instruments, and medical diagnostic test kits
Data storage, processing and transmission apparatus
Readers [data processing equipment]
Lateral flow readers
Lateral test flow readers
Lateral flow kits
Diagnostic apparatus, not for medical purposes
Parts and fittings for the aforementioned goods
All the aforementioned goods not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Tools for medical diagnostics
Medical devices for diagnostics
Medical testing equipment and apparatus
Apparatus for use in medical analysis
Kits for testing for the presence of analytes in biological fluids, other fluids and other matrices, all for medical purposes
Lateral flow readers for use in medical analysis and diagnostics
Lateral test flow readers for use in medical analysis and diagnostics
Lateral flow kits for use in medical analysis and diagnostics
Lateral flow devices for use in medical analysis and diagnostics
Parts and fittings for the aforementioned goods
All the aforementioned goods not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.
The mark was filed in class 35 with following description of goods:
Data management
Data collection services
Database management
Business data analysis
Compiling, storing, analysing and retrieving data and information
Compilation of information into computer databases
Information, advice and consultancy services relating to the aforementioned
All the aforementioned services not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Scientific research and analysis
Technical data analysis services
Maintaining databases
Electronic data storage
Software as a service [SaaS]
Platform as a service [PaaS]
Computer software customisation services
Computer software design and development services
Medical, biochemical, toxicological and other analytical laboratory diagnostic testing services
Design and development of medical diagnostic testing apparatus and reagents
Laboratory testing services
Design and development of medical diagnostic testing software
Research, design, development, consultancy, engineering services relating to data-processing software, apparatus, equipment, hardware and computers for medical diagnostics, lateral flow readers, lateral test flow readers, lateral flow kits, diagnostic apparatus and instruments, and medical diagnostic test kits
Information, advice and consultancy services relating to the aforementioned
All the aforementioned services not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.
The mark was filed in class 44 with following description of goods:
Diagnostic testing services for use in medical diagnostics for testing for the presence of analytes in biological fluids, other fluids and other matrices
Diagnostic testing relating to human health
Services relating to immunodiagnostic testing, including testing for the presence of drugs or other analytes in biological fluids or other matrices
Medical testing and analysis services for diagnostic or treatment purposes
Medical testing services relating to the diagnosis and treatment of disease
Information, advice and consultancy services relating to the aforementioned
All the aforementioned services not for use in or for the veterinary field and the field of veterinary diagnostics and not in connection with veterinary products.