The trademark ENTEROBIOTIX was filed by EnteroBiotix Limited, 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 July 25, 2021, and received one opposition filed on October 21, 2021 by Proton System d.o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PETOSEVIC EOOD and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 21, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals, reagents and substances for medical research purposes
Chemical preparations and products, for use in medicine
Chemical substances for use in the manufacture of medicinal and pharmaceutical products
Diagnostic preparations and reagents for scientific or research use
Biomarkers
Enzymes for scientific purposes
Raw proteins
Proteins for use in industry and in science
Test kits for scientific or research use.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Pharmaceutical, medical or veterinary preparations and substances
Pharmaceutical preparations for use in targeted pharmaceutical therapies
Pharmaceutical preparations and products for the treatment of gastrointestinal disorders and diseases
Drugs for medical purposes
Biotechnological preparations for medical use
Biological compounds for use in targeted pharmaceutical therapies
Proteins with diagnostic and therapeutic uses
Chemical and enzyme preparations for medical or veterinary purposes
Reagents and substances for use in testing for medical and veterinary purposes
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Clinical medical reagents
Diagnostic and testing preparations for clinical, medical and medical laboratory use
Diagnostic reagents and assay components for clinical, medical and medical laboratory use
Enzymes for medical purposes
Yeast for intracellular production of recombinant proteins
Yeast for pharmaceutical purposes
Dietary supplements.
The mark was filed in class 9 with following description of goods:
Computer software
Software applications
Mobile applications
Cloud computing software
Software algorithms
Biometric software
Databases
Directories [electric or electronic]
Artificial intelligence software for healthcare
Health monitoring software
Computer software for use in the fields of physiology, biology, genetics, genomics, metagenomics, microbiome, metabolomics, proteomics, glycomics, biochemistry, probiotics and/or prebiotics
Computer software for use in the fields of biotechnology, microorganisms, cells, pharmaceuticals, medicine, molecular sciences and/or bacteria
Computer software for scientific analysis of genetic sequences
Interactive computer software
Media streaming software
Machine learning software for healthcare
Machine learning software for analysis
Downloadable computer software for remote monitoring and analysis
Computer application software for streaming audio-visual media content via the internet
Computer programs
Encoded programs
Measuring, detecting, monitoring and controlling devices
Wearable devices for taking biological measurements
Instruments for analysing physical data
Publications in electronic form
Downloadable publications
Electronic communications apparatus
Scientific apparatus and instruments
Teaching apparatus and instruments
Apparatus and instruments for the recording, transmission or reproduction of data, sound or images
Devices for analysing protein sequence used as laboratory apparatus
Computers and computer hardware
Encoded cards
Smart cards
Smart card readers
Electronically encoded identity bracelets
Parts and fittings for all the aforesaid goods.
The mark was filed in class 10 with following description of goods:
Medical devices
Medical apparatus and instruments
Medical analysis instruments
Medical apparatus for introducing pharmaceutical preparations into the human body
Gloves for medical examinations
Bags adapted for medical use
Testing instruments for medical diagnostic purposes in relation to genetics, the human immune system and the human gut microbiome
Medical diagnostic and testing apparatus in the fields of microbiology and gastrointestinal health
Parts and fittings for all the aforesaid goods.
The mark was filed in class 42 with following description of goods:
Research and development services in the fields of medicine and health
Research and development in the pharmaceutical and biotechnology fields
Biological, scientific, clinical and medical research and development
Drug discovery services
Pharmaceutical drug development services
Research and development of vaccines and medicines
Research and development of compounds for use in targeted pharmaceutical therapies
Medical and pharmacological research services
Research relating to molecular sciences and biotechnology
Research and development in the field of microorganisms and cells
Research and development in the field of therapeutics
Scientific and medical research services in the field of microbiome modulating therapeutics
Research and development of pharmaceutical preparations for the treatment of gastrointestinal disorders and diseases
Research and development of biological drug delivery platforms
Conducting early evaluations in the field of new pharmaceuticals
Research and development for use in clinical trials
Providing information about the results of clinical trials for pharmaceutical products
Diagnostic and testing services
Structural and functional analysis of genomes
Services for assessing the efficiency of medical and veterinary drugs
Veterinary research and development services
Product design and development
Design services relating to the biotechnology industry
Analysis of product development
Pharmaceutical product evaluation
Preparation of reports in the field of biotechnology and/or gut health
Scientific research and analysis
Scientific research project management
Scientific risk assessment
Industrial analysis and research
Analysis of product design
Quality assessment
Software design, development, programming and implementation
Software engineering
Development and design of mobile applications
Computer programming
Development of computer platforms
Design, development and testing of computing methods, algorithms and software
Software as a service [SAAS]
Platform as a Service [PaaS]
Platform as a service featuring a computer software platform that enables access to technical studies and scientific and medical information
Application service provider [ASP]
Computer software maintenance
Software and algorithm research
Information technology services for the pharmaceutical and healthcare industries
Writing of computer programs for biotechnological applications
Development of virtual reality software
Design and development of software for use in the fields of biotechnology, microorganisms, cells, pharmaceuticals, medicine, molecular sciences and/or bacteria
Database design
Maintaining databases
Design and development of computer hardware
Online data storage
Cross-platform conversion of digital content into other forms of digital content
Technical data analysis
Data encryption services
Updating of software
Rental of software
Data coding services
Process monitoring for quality assurance
Consultancy, information and advisory services relating to all of the aforesaid services.
The mark was filed in class 44 with following description of goods:
Medical and healthcare services
Medical examinations
Medical analysis services
Health assessment surveys
Health risk assessment surveys
Medical health assessment services
Medical analysis services relating to the treatment of persons
Medical care services relating to patient treatment
Analysis of human tissues for medical treatment
Genetic testing for medical purposes
DNA screening for medical purposes
Medical and health services relating to DNA, genetics and genetic testing
Sequencing of microbiome and DNA in humans
Diagnostic testing and analysis services for medical purposes
Analysis of human serum for medical treatment
Analysis of human excreta for medical treatment
Human serum donation services
Donation of bodily fluids and human waste
Donation of human excreta
Behavioural analysis for medical purposes
Psychological assessment services
Providing online medical record services
Preparation of reports relating to medical matters
Medical analysis services for diagnostic and treatment purposes provided by medical laboratories
Providing health information via a website
Providing an interactive website in the field of healthcare and wellness
Consultancy, information and advisory services relating to all of the aforesaid services.