Rospatent upheld the legal protection of the trademark “UltraDent”

The Board of Rospatent refused to satisfy the objection against the grant of the legal protection to thetrademark “UltraDent.” The interests of the right holder of the exclusive rights were advocated by thecompany “Zuykov and Partners.”The disputed designation “UltraDent” (certificate No. 576680) was registered in 2016 with respect to theproducts of classes 3 and 21 of the International Classification of Products and Services: toothpastes,toothbrushes, dental flosses, toothpicks. The objection with a request to recognize the registration of thesaid designation to be completely invalid was filed to Rospatent. The person, who has filed the objection,asserted that the registration had been made in the violation of Paragraph 3 and Paragraph 8 of Article1483 of the Civil Code of the Russian Federation, since the challenged trademark “UltraDent” wasconfusingly similar with the designation used by him, and it also reproduced a part of his brand name.The right holder of the trademark “UltraDent” filed a response to the objection setting out the followingarguments: the applicant had not specified the nomenclature of the products manufactured by him; theevidences that the consumers confused the products of both companies had not been presented; anyinformation confirming the popularity of the organization challenging the registration on the territory ofRussia had been absent. And it was also stated in the response, that the products with the designation“UltraDent” and the products of the person objecting against granting the protection were designed fordifferent categories of buyers, namely: for a wide range of consumers in the first case – the products ofthe total consumption and for a narrow range of specialists in the second case – dentists.Based on the results of the consideration of the objection, as well as of the arguments presented in theresponse by the lawyers of the company “Zuykov and Partners,” the Board of Rospatent made a decisionto uphold the legal protection of the trademark “UltraDent.”