The trademark evox was filed by Evox Therapeutics 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 November 8, 2023, and received one opposition filed on January 10, 2024 by evoxx technologies GmbH on Likelihood of confusion. the opponent was represented by MICHALSKI HÜTTERMANN & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2024
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 5 with following description of goods:
Pharmaceuticals
Pharmaceutical preparations and substances
Pharmaceutical preparations, namely, a drug delivery system comprising genetically engineered or purified exosomes for therapeutic use
Pharmaceutical preparations, namely, exosomes to deliver protein or nucleic acids or viral vectors for therapy
Medicine
Medical preparations and articles
Biological preparations for medical purposes
Biological preparations for the treatment of cancer, diabetes, obesity, metabolic syndrome, dementia, and other aging associated pathologies such as mitochondrial disease, joint/ligament strain/tears, muscle atrophy, muscular dystrophy, neuromuscular diseases, neurological disorders, neurodegenerative disorders, inflammatory disorders, infectious diseases, genetic diseases, rare diseases, in-born errors of metabolism (IEMs), lysosomal storage disorders and urea cycle disorders
Biological preparations comprising exosome
Biological preparations comprising a therapeutic target protein-loaded, nucleic acid-loaded or virus-loaded exosome
Biological preparations comprising exosome for use in the manufacture of pharmaceuticals
Biological reagents for medical use
Mixed biological preparations for medical purposes
Mixed biological preparations for the prevention and treatment of infectious diseases
Diagnostic reagents used in the fields of biological, genetic engineering and pharmaceutical research
Diagnostic reagents comprising exosome used in the fields of biological, genetic engineering and pharmaceutical research
Pharmaceuticals, medicines, biologics, biotherapeutics, biosimilars and therapeutics, namely, EV-based nucleic acid therapeutics for the prevention and treatment of infections or disease
Diagnostic kits comprised of medical diagnostic reagents and assays for testing of bodily fluids for use in disease detection
Diagnostic kits comprised of medical diagnostic reagents and assays for testing of exosomes for use in disease detection
Diagnostic kits comprised of medical diagnostic reagents and assays that test for the presence of cancer, diabetes, obesity, metabolic syndrome, dementia
Diagnostic kits comprised of medical diagnostic reagents and assays that test for the presence of other aging associated pathologies such as mitochondrial disease, joint/ligament strain/tears, muscle atrophy, muscular dystrophy, neuromuscular diseases, neurological disorders, neurodegenerative disorders, inflammatory disorders, infectious diseases, genetic diseases, rare diseases, in-born errors of metabolism (IEMs), lysosomal storage disorders and urea cycle disorders.
The mark was filed in class 42 with following description of goods:
Scientific, medical and pharmaceutical research and development services
Pharmaceutical drug development services
Research and development of pharmaceutical preparations
Biological research
Clinical research
Providing medical and scientific research information in the field of filtration of exosomes from cultured cells or blood
Scientific investigations for medical purposes
Scientific laboratory services
Medical laboratory services
Laboratory research services relating to pharmaceuticals
Research and development in the field of biotherapeutics for the treatment of genetic diseases, cancer, diabetes, obesity, metabolic syndrome and dementia
Research and development in the field of biotherapeutics for the treatment of other aging associated pathologies such as mitochondrial disease, joint strain and tears, ligament strain and tears, muscle atrophy, muscular dystrophy, neuromuscular diseases, neurological disorders, neurodegenerative disorders, inflammatory disorders, infectious diseases, genetic diseases, rare diseases, in-born errors of metabolism (IEMs), lysosomal storage disorders and urea cycle disorders
Consulting services in the fields of biotechnology, pharmaceutical research and development and genetic science
Laboratory services for analytical testing
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 44 with following description of goods:
Medical services
Medical and pharmaceutical consultancy
Medical diagnostics
Medical analysis and examinations
Medical treatment services
Medical screening
Medical monitoring, testing, inspection and analysis services relating to the diagnosis and treatment of cancer, viral and bacterial based infections and diseases
Medical monitoring, testing, inspection and analysis services relating to the diagnosis and treatment of cancer, diabetes, obesity, metabolic syndrome and dementia
Medical monitoring, testing, inspection and analysis services relating to the diagnosis and treatment of other aging associated pathologies such as mitochondrial disease, joint/ligament strain/tears, muscle atrophy, muscular dystrophy, neuromuscular diseases, neurological disorders, neurodegenerative disorders, inflammatory disorders, infectious diseases, genetic diseases, rare diseases, in-born errors of metabolism (IEMs), lysosomal storage disorders and urea cycle disorders
Information, advisory and consultancy services relating to the aforesaid.