Decision Nº O/087/22 from Intellectual Property Office - (Trade market), 2 February 2022
| Judge | Mr M Bryant |
| Registration Number | UK00003433852, UK00003476221 |
| Date | 02 February 2022 |
| Court | Intellectual Property Office (United Kingdom) |
| Administrative Decision Number | O/087/22 |
O-087-22
TRADE MARKS ACT 1994
IN THE MATTER OF REGISTRATION NO. 3476221
IN THE NAME OF HONG CHEN
IN RESPECT OF THE TRADE MARK
mysmile
IN CLASS 3
AND
IN THE MATTER OF TWO APPLICATIONS FOR INVALIDATION THERETO
UNDER NO. 503322
BY INTEGRATED DENTAL HOLDINGS LIMITED
AND
IN THE MATTER OF REGISTRATION NO. 3433852
IN THE NAME OF INTEGRATED DENTAL HOLDINGS LIMITED
IN RESPECT OF THE TRADE MARK
IN CLASSES 3, 5, 10 AND 16
AND
IN THE MATTER OF TWO APPLICATIONS FOR INVALIDATION THERETO
UNDER NO. 503598
BY HONG CHEN AND EZGO GROUP INC
Page 2 of 52
Background and pleadings
1. These proceedings relate to two applications for invalidation involving, on the one
hand, Hong Chen/EZGO Group Inc and, on the other hand, Integrated Dental Holdings
Limited (hereafter “Integrated”).
2. Mr Chen is the proprietor of registered trade mark no. 3476221 in respect of
“mysmile”. It has a filing date of 19 March 2020 and was registered in the UK on 14
August 2020 in respect of the following Class 3 goods:
Dental bleaching gels; Teeth whiteners; Teeth whitening preparations; Teeth
whitening articles; Teeth whitening strips; Tooth whiteners; Gels for teeth
cleaning; Bleaching preparations (decolourants) for cosmetic purposes;
Toothpaste; Preparations for dental purposes (dentifrices); Dental care
preparations; Non-medicated dental preparations; Non-medicated preparations
for the care of the mouth; Non-medicated preparations for oral hygiene
purposes; Preparations for oral hygiene (dentifrices); Products for dental
hygiene; Cosmetic preparations for cleansing the teeth; Cosmetic preparations
for cleansing the mouth; Preparations for the treatment of teeth; Tooth cleaning
preparations; Tooth care preparations; Mouthwash; Mouthwashes, not for
medical purposes; Non-medicated mouth rinses; Tooth polish; Varnish for
teeth; Non-medicated mouth sprays; Breath fresheners. Vitamin C Serum,
cream; Body and face serum, cream.
3. Integrated applied for the mark to be invalidated on the basis that the mark offends
under Section 5(2)(b) of the Trade Marks Act 1994 (“the Act”). This is on the basis of
its earlier UK Trade Mark 3433852. Integrated relies upon all the goods and services
listed in classes 3, 5, 10, 16, 21, 35, 36, 38, and 41. The relevant details of this mark
are shown below:
Page 3 of 52
Relevant dates
Filing date: 4 October 2019
Date of entry in register: 6 March 2020
List of goods and services
Class 3: Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; soaps; perfumery,
essential oils, cosmetics, hair lotions; dentifrices and mouthwashes: toothpaste;
non-medicated oral health care products; mouth rinses; mouth washes; chew
sticks; toothpastes and tooth gels; medicated toothpastes; teeth cleaning
lotions; oral hygiene preparations; cleaning preparations for the teeth;
disclosing tablets for personal use in indicating tartar on teeth; dental bleaches.
Class 5: Dental ceramics; dental remedies; medicated cotton; dental filling
materials and impression compounds for dental purposes, casting aids, tooth
lacquers; tooth filling materials; materials for preparation and filling of root
canals; dental cement; disinfectants; mouth flushes for medical purposes;
dental wax and dental impression materials, material for stopping teeth; dental
relining material; dental fixative; dental lacquers, dental wax; antibiotics for use
in dentistry; moulding wax for dentists; disinfectants for hygiene purposes,
namely medicated oral care preparations: Medicated oral care preparations;
medicines for dental purposes; medicated oral care products; medicated
mouthwash; medicated dental rinses; dental lacquer; Pharmaceutical and
medicinal preparations and substances; vaccines.
Class 10: Surgical, medical and veterinary apparatus and instruments: Medical
apparatus and instruments; dentists’ chairs; utensils for use by dentists in the
care of the mouth and teeth; devices for use in washing the gums; implants
[prosthesis] for use in dentistry; mirrors for dentists; prosthetic parts for
dentistry; protective gloves and masks for use by persons working in the
dentistry; tooth polishing appliances; apparatus for use in the fitting of artificial
teeth; artificial teeth and parts for teeth; braces for teeth; caps for teeth;
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