The trademark TriM Scope was filed by LaVision Biotec GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 18, 2020, and received one opposition filed on September 8, 2020 by LABORATORIOS ERN, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2020
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 003130557 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical, biological and biochemical products for industrial, scientific, therapeutic and diagnostic purposes, including medical diagnostic purposes
Products for use in separation processes for biological materials
Reagents for cell separation, labeling reagents, reagents, media, substances and ingredients for the preparation of media, all for commercial and scientific purposes and for the use in medical laboratories, as far as included in this class
Reagents for the processing, separation, isolation, enrichment, depletion, detection, screening, analysis and counting of materials, especially of chemical and biological material
Reagents with magnetic beads
Antibody reagents (other than for medical or veterinary purposes)
Buffer solutions and reagents for use with laboratory instruments, especially separation instruments, analysis instruments, reactors and imaging instruments
Reagents for processing of biological material, especially tissue, bone marrow, cells, blood and its components (other than for medical or veterinary purposes)
Diagnostic reagents and preparations for scientific purposes and for use in medical laboratories
Culture media, cell culture media, freezing media, contrast agents, contrast agents for in-vivo imaging, all for scientific purposes
Reagents for use in biotechnology, in biological treatment processes and in the biotechnology industry
Reagents for optical clearing of tissue and microscopy samples.
The mark was filed in class 9 with following description of goods:
Scientific, optical and measuring apparatus and instruments, especially for and in connection with the separation, analysis, processing and cultivation of biological material
Apparatus for recording, transmission or reproduction of images, data processing equipment, computer software, especially for or in connection with the separation, analysis, processing and cultivation of biological material
Software for operating imaging devices such as microscopes, software for data acquisition based on imaging devices such as microscopes
Software for 2D and 3D analyzes of microscopy data
Scientific, electrical and electronic apparatus and instruments for conducting enzymatic reactions
Laboratory equipment, in particular cytometer for measuring physical and / or chemical properties of cells and other particles in suspensions
Information technology and audio-visual, multimedia and photographic devices
Audio/visual and photographic devices
Image capturing and developing devices
Optical devices, enhancers and correctors
Optical enhancers
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
Microscopes
Microscopes for medical use
Biological microscopes
Fluorescence microscopes
Scanning probe Microscopes.
The mark was filed in class 10 with following description of goods:
Apparatus and instruments for medical purposes
Apparatus for imaging for medical purposes
Tubing sets for medical purposes
Columns for analysis for medical purposes
Sacks, bags, sheets, tubes, slides, containers and connectors for medical, scientific or biotechnological purposes, in particular for imaging
Apparatus and instruments for medical, biotechnological and scientific purposes
Accessories and spare parts for the aforesaid goods