The trademark Aspen API. More than just an API was filed by Aspen Pharmacare Holdings Limited, a corporation established under the laws of the Republic of South Africa (the "Applicant"). The application was published for oppositions on March 1, 2022, and received one opposition filed on May 30, 2022 by TERAPIA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 30, 2022
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 used in science and photography, as well as in agriculture, horticulture and forestry
Chemical substances for preserving foodstuffs
Intermediates for pharmaceuticals
Chemical preparations for use in the manufacture of pharmaceuticals including antimicrobial preservatives, esters, fatty acids, flavour improvers, preservatives, reagents for testing sterility and tragacanth gum.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies