The trademark DENTEK was filed by Dentek Oral Care, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on February 14, 2021, and received one opposition filed on April 26, 2021 by DENTECH CORPORATION on Likelihood of confusion. the opponent was represented by FORRESTERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 21, 2020.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated toothpaste
Non-medicated toothpaste in tubes
Non-medicated toothpaste in dispensers
Mouth rinse, non-medicated, being a part of toothache kits
Tongue spray, non-medicated, being a part of toothache kits
Tooth whitening formulations, being a part of toothache kits
Material for polishing teeth.
The mark was filed in class 5 with following description of goods:
Medication for treatment of canker sores
Dental preparations and articles
Dental anaesthetics
Dental cement
Dental adhesives
Dental wax
Dental sealants
Dental mastics
Dental amalgams
Materials for dental fillings
Pharmaceutical preparations for dental use
Dental materials for stopping teeth
Materials for repairing dental bridges
Materials for repairing dental crowns
Materials for repairing teeth and dental prostheses
Pain relief preparations
Pharmaceutical preparations for relieving dental pain
Medicated mouthwashes
Medicated preparations for moisturising the mouth
Mouth moisturisers, namely, preparations to increase the moisture in the mouth or to increase the mouth's production of moisture, for alleviating the condition of dry mouth
Mouth moisturisers, namely, preparations being delivered in the form of an impregnated patch for attachment to the inside of the mouth on a temporary basis, the preparation being to increase the moisture in the mouth or to increase the mouth's production of moisture, for alleviating the condition of dry mouth
Sanitising preparations for toothbrushes
Dental care products for consumer use, namely, dental wax for dental braces
Emergency dental care products, namely, kits for repairing lost fillings and caps consisting primarily of dental cement in the nature of cap and crown cement
Pain relief medication, being a part of toothache kits
Toothbrush sanitizers, being a part of toothache kits
Mouth moisturisers, namely, patches for attachment to the inside of the mouth on a temporary basis, such patches being impregnated with preparations which will increase the moisture in the mouth or which will increase the mouth's production of moisture, and thus alleviate the condition of dry mouth
Medicated toothpaste
Medicated toothpaste in tubes
Medicines in the form of toothpaste
Medicines in the form of toothpaste, being provided in tubes
Medicines in the form of toothpaste, being provided in dispensers
Medicated toothpaste in dispensers.
The mark was filed in class 10 with following description of goods:
Dental equipment
Dental tools
Dental apparatus
Dental instruments
Apparatus for use in the repair of teeth
Dental handpieces
Dental mirrors
Dental descaling apparatus
Instruments for applying dental filling
Apparatus for use by dental hygienists
Dental implants
Medical apparatus for the relief of pain
Dental apparatus for the relief of pain
Teeth protectors for dental purposes
Tooth polishers
Dental care products for consumer use, namely, dental mirrors, dental night guards, dental picks and dental scalers
Tongue cleaners, being a part of toothache kits
Instruments and apparatus for moisturing the mouth, namely, dental instruments and dental apparatus for use in delivering moisture to the mouth or in delivering preparations to the mouth which will increase the mouth's production of moisture, and thus alleviate the condition of dry mouth
Instruments and apparatus for moisturing the mouth, namely, dental instruments for consumer use and dental apparatus for consumer use, for use in delivering moisture to the mouth or in delivering preparations to the mouth which will increase the mouth's production of moisture, and thus alleviate the condition of dry mouth.
The mark was filed in class 21 with following description of goods:
Dental cleaning articles
Dental flossers
Dental floss
Dental floss picks
Dental picks with floss
Dental floss dispensers
Dental floss threaders
Toothbrushes
Toothbrush containers
Toothbrush covers
Oral care kits comprising toothbrushes and floss
Dispensers for toothpaste
Covers for toothpaste
Tooth polishers
Dental care products for consumer use, namely, dental floss picks, dental floss threaders and dental floss
Handles for holding disposable flossers, being a part of toothache kits
Handles for holding interdental brushes, being a part of toothache kits
Interdental brushes, being a part of toothache kits