018402010

TheSmile

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February 17, 2021

Trademark Summary

The trademark theSmile was filed by Bogdan-Ioan Musetescu, a national of Romania (the "Applicant"). The application was published for oppositions on March 16, 2021, and received one opposition filed on May 9, 2021 by BIOTECH DENTAL SMILERS on Likelihood of confusion. the opponent was represented by CABINET MAREK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 9, 2021

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on September 25, 2023.

The Appeal with reference B R2107/2022-4 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on March 4, 2024 by the EUIPO. The Opposition with reference B 003146344 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on September 1, 2022 by the EUIPO.

The application claimed as seniority of Romania trademark M 2015 01793 and filed on April 20, 2015 which was accepted by the office.

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Goods And Services

• The mark was filed in class 3 with following description of goods:
  
  1. Toothpaste
  2. Tooth gel
  3. Dental bleaching gels
  4. Tooth polish
  5. Dentifrices
  6. Dentifrice powder
  7. Tooth care preparations
  8. Solid toothpaste tablets
  9. Teeth cleaning lotions
  10. Toothpaste [not for medical purposes]
  11. Mouthwashes [not for medical purposes]
  12. Preparations for cleaning dentures
  13. Tooth whitening pastes
  14. Tooth whitening preparations
  15. Tooth whitening creams
  16. Dentifrices [not for medical purposes]
  17. Dentifrices and mouthwashes [not for medical purposes]
  18. Cosmetic preparations for the care of mouth and teeth
  19. Teeth whitening strips
  20. Cosmetic creams and lotions
  21. Cosmetics in the form of creams
  22. Face and body creams
  23. Hand creams
  24. Face creams for cosmetic use
  25. Skin cream
  26. Perfumed creams
  27. Dermatological creams [other than for medical purposes]
  28. Lip balms
  29. Lip creams
  30. Lipsticks
  31. Lip cosmetics
  32. Lip balms for cosmetic purposes
  33. Lip protectors [other than for medical purposes]
  34. Lip care preparations [other than for medical purposes]
  35. Lip coatings [cosmetic].
• The mark was filed in class 10 with following description of goods:
  
  1. Teeth aligners
  2. Splinting materials for medical use
  3. Dentures
  4. Dental crowns
  5. Dental caps
  6. Dental bridges
  7. Dental prostheses
  8. Dental implants
  9. Protective cups for teeth
  10. Artificial parts for teeth
  11. Implants (dentures)
  12. Implanted prosthesis
  13. Prostheses for dental purposes
  14. Prosthetics and artificial implants
  15. Prostheses in the form of full crown restorations
  16. Prostheses in the form of partial crown restorations
  17. Prostheses in the form of inlays
  18. Implants (prosthesis) for dental surgery
  19. Implants for use in dentistry
  20. Dental implants made of artificial materials
  21. Dental splint against teeth grinding.
• The mark was filed in class 44 with following description of goods:
  
  1. Dentistry
  2. Services of a dentist
  3. Dental services
  4. Dental consultations
  5. Dental assistance
  6. Cosmetic dentistry
  7. Providing information relating to dentistry
  8. Advice relating to dentistry
  9. Teeth cleaning services
  10. Teeth whitening services
  11. Dental pain treatment (sedation dentistry)
  12. Human hygiene and beauty care.