The trademark NOVATEX was filed by Nova Thera 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 June 1, 2008, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on September 1, 2008 by HEXAL AKTIENGESELLSCHAFT on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB and its proceedings were handled in English
The second opposition filed on September 1, 2008 by NOBAMED Paul Danz AG on undefined. the opponent was represented by ANDREJEWSKI · HONKE PATENT- UND RECHTSANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in English
The third opposition filed on August 28, 2008 by Merz Pharma GmbH & Co. KGaA on undefined. and its proceedings were handled in English
The fourth opposition filed on June 26, 2008 by NOVATECH S.A. on Likelihood of confusion. the opponent was represented by BOCKERMANN KSOLL GRIEPENSTROH OSTERHOFF and its proceedings were handled in English
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:
Proteins such as collagen, elastin, albumin, fibrinogen and thrombin
Pharmacologically active molecules, namely, antibiotics, anti-inflammatories, cytotoxins, analgesics, anti-depressants and hormones
And combinations of any or all of the foregoing with bio-active glasses
Biochemical and biological preparations, namely, embryonic stem cells, adult stem cells, mesenchymal stem cells, haematopoietic stem cells, cord blood cells and related cell types with inbuilt regenerative properties, all the aforementioned not for medical use
Biomaterials, namely, a synthetic material that may be used in a medical device and intended to interact with biological systems, that may be distinguished from other materials in that they possess a combination of properties, including chemical, mechanical, physical and biological properties that render them suitable
Chemicals used in industry and science
Chemicals for use in industry and science in the field of cell therapy, bone and tissue regeneration, immunology, cosmetic wounds, wound care and therapeutic compounds, orthopaedics and drug delivery
All the aforementioned being for scientific and not therapeutic or medical use.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and therapeutic preparations
Topical preparations in the form of gels, lotions and sprays
Proteins such as collagen, elastin, albumin, fibrinogen and thrombin
Pharmacologically active molecules, namely, antibiotics, anti-inflammatories, cytotoxins, analgesics, anti-depressants and hormones
And combinations of any or all of the foregoing with bio-active glasses
Biochemical and biological preparations, namely, embryonic stem cells, adult stem cells, mesenchymal stem cells, haematopoietic stem cells, cord blood cells and related cell types with inbuilt regenerative properties
Biomaterials, namely, a synthetic material that may be used in a medical device and intended to interact with biological systems, that may be distinguished from other materials in that they process a combination of properties, including chemical, mechanical, physical and biological properties that render them suitable
All the abovementioned goods for therapeutic or medical use.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Orthopaedic articles, suture materials
Medical device products including stents and catheters
Suture materials
Biomaterials, intended to interface with biological systems to evaluate, treat, augment or replace any tissue, organ, or function of the body