The trademark AZ Smile was filed by YUANMEI BAO, a national of the United States of America (the "Applicant"). The application was published for oppositions on May 10, 2021, and received one opposition filed on August 10, 2021 by The Procter & Gamble Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 10, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 20, 2022.
The Opposition with reference B 003152649 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Teeth cleaning lotions
Tooth care preparations
Teeth whitening preparations
Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
Tooth gel
Tooth paste
Tooth powders
Swallowable toothpaste
Preparations for cleaning teeth
Tooth whitening pastes
Tooth whitening creams
Cosmetic preparations for the care of mouth and teeth.
The mark was filed in class 10 with following description of goods:
Dental apparatus and instruments
Dental descaling apparatus
Apparatus for use in the repair of teeth
Electrical utensils for use by dentists in the care of the teeth
Body rehabilitation apparatus for medical purposes
Electrotherapy instruments for firming treatments
Feeding bottles
Heart rate monitoring apparatus
Massage apparatus
Medical apparatus and instruments
Surgical apparatus and instruments for medical use
Implant materials [prosthesis] for use in dental surgery