The trademark ALINE was filed by Aline sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on May 30, 2021, and received one opposition filed on August 30, 2021 by Align Technology, Inc. on Likelihood of confusion. the opponent was represented by Carpmaels & Ransford (Ireland) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0674/2023-2 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on February 4, 2024 by the EUIPO. The Opposition with reference B 003153831 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Oral hygiene preparations
Teeth whitening strips
Breath freshening strips
Toothpaste
Tooth whitening pastes
Tooth cleaning preparations
Liquid dentifrice
Teeth cleaning lotions
Mouthwash
Cosmetic preparations for the care of mouth and teeth
Tooth powder
Dentifrices.
The mark was filed in class 35 with following description of goods:
Retail services in relation to cleaning preparations
Retail services in relation to hygienic implements for humans
Retail services in relation to beauty implements for humans.
The mark was filed in class 44 with following description of goods:
Dentistry
Surgery
Advice relating to dentistry
Dental consultations
Dental assistance
Cosmetic dentistry
Sedation dentistry
Providing information relating to dentistry
Dental hygienist services
Teeth cleaning services
Advisory services relating to dental instruments
Dental clinic services
Orthodontic services
Teeth whitening services
Mounting gemstones in dentures
Hiring of dental instruments
Mobile dental care services
X-ray examinations for medical purposes
Fitting of prosthetics
Fitting of prosthetic devices
X-ray imaging for medical purposes
Provision of medical services
Providing medical information
Consultancy services relating to prosthetic implants.