EUTM file information

018315578

KITE XT

September 29, 2020

Trademark Summary

The trademark KITE XT was filed by Biedermann Technologies GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 10, 2020, and received one opposition filed on March 10, 2021 by Kite Pharma, Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 10, 2021

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 5 with following description of goods:
    1. Implants comprising living tissue, In particular surgical implants of living tissues, Orthopaedic implants of living tissue, spinal implants of living tissue, namely biological bone and skin tissue for subsequent implantation, surgical implants of living tissues
    2. Bone cement for medical purposes
    3. Material for coating surgical implants.
  • The mark was filed in class 10 with following description of goods:
    1. Surgical, Medicated, Dental and veterinary apparatus and instruments, In particular instruments and apparatus for orthopaedic surgery, trauma surgery and neurosurgery
    2. Trauma surgery implants
    3. Implants for neurosurgery
    4. Surgical implants
    5. Specialist instruments for fitting implants and for handling implants, in particular for inserting spinal implants
    6. Osseous implants
    7. Orthopaedic implants
    8. Spinal implants
    9. Medical guidewires
    10. Orthopedic articles
    11. Artificial limbs, eyes and teeth
    12. Suture materials
    13. Instruments for inserting bone cement.
  • The mark was filed in class 40 with following description of goods:
    1. Customised manufacture of medical and/or surgical apparatus and/or instruments
    2. Custom manufacture of surgical implants
    3. Custom manufacture of orthopaedic implants
    4. Custom manufacture of special surgical instruments for inserting and handling implants.
  • The mark was filed in class 42 with following description of goods:
    1. Scientific and technological services and research and design relating thereto
    2. Industrial analysis and research services
    3. Technical consultancy
    4. Technical project studies
    5. Engineering project management services
    6. Development of surgical articles
    7. Development of orthopaedic articles
    8. Development of implants
    9. Development of instruments for introducing implants
    10. Material development
    11. Material testing
    12. Supply of technical know-how
    13. Testing of raw material
    14. Scientific and technological services and research and design related thereto in the field of orthopaedic surgery and bone implants
    15. Technical consultancy, technical project planning and Technical project management in the field of orthopaedic surgery and bone implants.