Decision Nº O/425/20 from Intellectual Property Office - (Trade market), 7 September 2020
| Judge | Mr G Salthouse |
| Registration Number | UK00003364148 |
| Date | 07 September 2020 |
| Administrative Decision Number | O/425/20 |
| Court | Intellectual Property Office (United Kingdom) |
O-425-20
TRADE MARKS ACT 1994
IN THE MATTER OF APPLICATION No.3364148
BY GUANGZHOU LIANGBU SCIENCE AND TECHNOLOGY CO., LIMITED
TO REGISTER IN CLASSES 10 & 21
THE TRADE MARK
AND
IN THE MATTER OF OPPOSITION THERETO
UNDER No. 416301
BY
THE BOOTS COMPANY PLC
2
BACKGROUND
1) On 2 January 2019, Guangzhou Liangbu Science and Technology Co., Limited (hereinafter the
applicant) applied to register the trade mark shown on the page above in respect of the following
goods:
In Class 10: Tongue scrapers; Oral irrigators.
In Class 21: Dental floss; Dental floss dispensers; Dental floss [floss for dental purposes]; Dental
picks for personal use; Dental tape; Toothbrush bristles; Toothbrush cases; Toothbrush containers;
Toothbrush holders; Toothbrushes; Toothbrushes, electric; Toothbrushes [non-electric]; Toothpicks;
Interdental brushes for cleaning the teeth; Heads for electric toothbrushes; Oral care kits comprising
toothbrushes and floss; Floss for dental purposes; Apparatus for cleaning teeth and gums using high
pressure water for home use; Water apparatus for cleaning teeth and gums; Oral irrigators, other than
for use in dentistry.
2) The application was examined and accepted, and subsequently published for opposition purposes
on 15 February 2019 in Trade Marks Journal No. 2019/007.
3) On 16 May 2019 The Boots Company Plc (hereinafter the opponent) filed a notice of opposition.
The opponent in these proceedings is the proprietor of the following UK trade mark:
Mark
Number
Dates of filing
& registration
Class
Specification relied upon
SMILE
2435807
17.10.06
22.02.08
3
dentifrices; denture cleaners; denture polishes;
preparations in the form of tablets for cleaning
dentures; preparations in the form of powder
for cleaning dentures; preparations in the form
of paste for cleaning dentures; preparations for
cleaning artificial dentures; breath fresheners;
mouthwash preparations for oral hygiene
purposes; toothpastes.
5
denture base materials; breath fresheners;
mouthwashes.
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