Colgate toothbrush block over 360 trade mark

Colgate, a leading brand in respect of oral healthcare, have made an attempt to stamp out the competition in the US by filing a trade mark infringement claim.

The claim was made against Ranir, who are a Michigan-based seller of oral healthcare products. Ranir launched a new line of products at the end of last year under the name ‘Smile 360’. This line included toothbrushes, whitening strips and dental floss.

Colgate have taken a dim view of these products and claim the name infringes their registered trade mark ‘360’.

Colgate claim to have used ‘360’ in respect of toothbrushes since 2005, and have a number of US marks in respect of ‘360’ in respect of a wide range of oral healthcare products.

In their claim, Colgate highlight a number of reasons why the matter should swing in their favour.

Firstly, they cite their sales and advertising presence which includes the use of ‘360’, for which they claim to have achieved millions of dollars in sale in last 5 years.

Secondly, they indicate that Ranir were on actual notice of their trade mark rights in respect of ‘360’ as at least one former Colgate employee now work for Ranir, and up until the end of last year Ranir had manufactured Colgate travel sized toothpaste.

Focusing on the mark used by Ranir, Colgate’s claim states that the addition of the word ‘Smile’ is not enough for the marks to be distinguished as ‘smile’ is a descriptive term when used in connection with oral care products.

Colgate ask for injunctive relief to prevent Ranir from selling any more ‘Smile 360’ products, as well as damages and an account of profits.

It will be interesting to see whose pearly whites shine the brightest when this matter is decided.

If you would like more information on how to protect your brand, be sure to contact The Trademarkoom team today.

By Ellis Sweetenham