The trademark application PCRPLUS was filed by Cepheid, a U.S. corporation (the "Applicant"). Application refused.
The application was filed in English (German was selected as the second language).
The Appeal with reference B R0131/2023-1 was Trade mark application refused according to Article 7(1)(b) EUTMR with decision issued on May 10, 2023 by the EUIPO. The Refusal with reference B 018696924 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 23, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Diagnostic reagents for scientific use and reagents and kits comprised primarily of reagents for scientific and research use in connection with the amplification, analysis, labeling and detection of nucleic acids..
The mark was filed in class 5 with Medical diagnostic reagents and reagents and kits comprised primarily of reagents for medical, clinical, medical laboratory or medical diagnostic use in connection with the amplification, analysis, labeling and detection of nucleic acids..
The mark was filed in class 9 with following description of goods:
Laboratory equipment, namely, reaction vessels, fluidic blocks for preparing and processing biological samples, cartridges for preparing and processing biological samples, nucleic acid amplifiers and optical detectors
Laboratory equipment, namely, instrument systems, comprised of apparatus for nucleic acid amplification, analysis, labeling and detection, software for use in preparing and processing biological samples, cartridges, sample preparation land reaction containers and reaction vessels for preparing and processing biological samples, sold as a unit
Apparatus for nucleic acid amplification, analysis, labeling and detection
Laboratory equipment, namely, a device for bioanalysis incorporating a cartridge for sample preparation, nucleic acid purification, nucleic acid amplification, and optical detection
Laboratory devices for detecting genetic sequences
Diagnostic apparatus for the detection of pathogens for laboratory or research use
Scientific and research apparatus and instruments, namely, genetic sequencers for use in genetic analysis
Apparatus for DNA and RNA testing for scientific research purposes
Data processing apparatus.
The mark was filed in class 10 with following description of goods:
Clinical and medical equipment, namely, reaction vessels, fluidic blocks for preparing and processing biological samples, cartridges for preparing and processing biological samples, nucleic acid amplifiers and optical detectors
Clinical and medical equipment for diagnostic purposes, namely, instrument systems, comprised of apparatus for nucleic acid amplification, analysis, labeling and detection, software for use in preparing and processing biological samples, cartridges, sample preparation and reaction containers and reaction vessels for preparing and processing biological samples, sold as a unit
Clinical and medical equipment for diagnostic purposes, namely, apparatus for nucleic acid amplification, analysis, labeling and detection
Clinical and medical equipment, namely, a device for bioanalysis incorporating a cartridge for sample preparation, nucleic acid purification, nucleic acid amplification, and optical detection
Clinical and medical diagnostic apparatus and instruments for detecting genetic sequences
Clinical and medical diagnostic apparatus for use in detecting pathogens
Clinical and medical diagnostic apparatus and instruments for use in genetic analysis
Apparatus for DNA and RNA testing for medical purposes
Clinical and medical diagnostic apparatus and instruments for the analysis of body fluids.
The mark was filed in class 42 with following description of goods:
Providing a website featuring information and advice in the fields of laboratory testing, and laboratory equipment
Consulting services in the fields of laboratory testing, and laboratory equipment
Analysis and evaluation of the goods of others to assure compliance with standards, industry standards, and objectively determinable standards
Analysis and evaluation of the services of others to assure compliance with standards, industry standards, and objectively determinable standards.
The mark was filed in class 44 with following description of goods:
Providing a website featuring information and advice in the fields of medical diagnostic testing, and medical diagnostic equipment
Consulting services in the fields of medical diagnostic testing, and medical diagnostic equipment
Medical diagnostic testing, monitoring and reporting services.