The trademark YGION was filed by YGION Biomedical GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 19, 2022, and received one opposition filed on September 19, 2022 by LABORATORIOS ERN, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003179007 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 7, 2024 by the EUIPO. The Appeal with reference B R0699/2024-2 was Trade mark application allowed according to Article 1(b)(1) BOA RP with decision issued on December 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Chemical, biochemical, biotechnological and biological products for industrial and scientific purposes and nucleic acid, peptide and polypeptide preparations, and derivatives thereof, for use in industry and science..
The mark was filed in class 5 with following description of goods:
Medical and veterinary preparations
Pharmaceutical and biopharmaceutical preparations
Pharmaceutical and biopharmaceutical preparations for immunotherapies or treatment of tumor diseases or cancer
Preparations of pharmaceutical and biopharmaceutical agents, namely nucleic acid, peptide or polypeptide preparations, and derivatives thereof
Preparations for personalized medical treatment
Preparations for personalized medical treatment, namely immunotherapies or treatment of tumor diseases or cancer
Vaccines
Personalized vaccines
Vaccines for personalized medical treatment
Vaccines for personalized medical treatment for prophylaxis or therapy
Vaccines for personalized medical treatment, namely immunotherapies or treatment of tumor diseases or cancer.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Services related to scientific research, development and production of pharmaceutical and biopharmaceutical agents and preparations
Services in the field of research, development and production of medical and pharmaceutical products
Services in the field of research, development and production of medical and pharmaceutical products, namely vaccines, therapeutics and diagnostics
Scientific, industrial and research services related to the analysis of biological samples
Scientific, industrial and research services related to the analysis of biological samples in relation to nucleic acids, peptides and polypeptides, and derivatives thereof
Design and development of computer hardware and software for use in the field of research, development and production of pharmaceutical and biopharmaceutical agents and preparations, and for the analysis of biological samples
In vitro analytic services
In vitro testing of vaccines
Information consultancy and advisory services in relation to the aforesaid.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Provision of medical treatment
Provision of medical treatment for prophylaxis or therapy
Medical and healthcare services in the field of personalized medicine
Services for providing personalized vaccines, prophylaxis or therapies
Services of personalized medical treatment
Services of personalized medical treatment for immunotherapies or treatment of tumor diseases or cancer
Information consultancy and advisory services in relation to the aforesaid.