The trademark DARWIN EU was filed by European Medicines Agency (EMEA), a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 28, 2020, and received one opposition filed on January 3, 2021 by SparkCognition, Inc. on Likelihood of confusion. the opponent was represented by Stobbs and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 3, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Information technology and audio-visual, multimedia and photographic devices
Recorded content
Safety, security, protection and signalling devices
Measuring, detecting, monitoring and controlling devices
Scientific research and laboratory apparatus, educational apparatus and simulators
All of the aforesaid being in relation to the access and analysis of data within the healthcare sector, including but not limited to regulatory and scientific activities in respect of medicinal products and medical devices
But expressly excluding any commercial activity in the field of artificial intelligence.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
All of the aforesaid being in relation to the access and analysis of data within the healthcare sector, including but not limited to regulatory and scientific activities in respect of medicinal products and medical devices
But expressly excluding any commercial activity in the field of artificial intelligence.
The mark was filed in class 38 with following description of goods:
Telecommunication services
All of the aforesaid being in relation to the access and analysis of data within the healthcare sector, including but not limited to regulatory and scientific activities in respect of medicinal products and medical devices
But expressly excluding any commercial activity in the field of artificial intelligence.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Publishing, reporting, and writing of texts
Translation and interpretation
Education, entertainment and sports
All of the aforesaid being in relation to the access and analysis of data within the healthcare sector, including but not limited to regulatory and scientific activities in respect of medicinal products and medical devices
But expressly excluding any commercial activity in the field of artificial intelligence.
The mark was filed in class 42 with following description of goods:
IT services
Science and technology services
Testing, authentication and quality control
All of the aforesaid being in relation to the access and analysis of data within the healthcare sector, including but not limited to regulatory and scientific activities in respect of medicinal products and medical devices
But expressly excluding any commercial activity in the field of artificial intelligence.
The mark was filed in class 44 with Human healthcare services and Animal healthcare services..
The mark was filed in class 45 with Safety, rescue, security and enforcement services.