The Trademark Office granted the registration of the trademark ZINC OMADINE ZOE to cover goods of International Class 5 on behalf of our client ARCH CHEMICALS, INC.
The trademark ZINC OMADINE ZOE was initially denied, based on the trademark ZOÉ that covers services of nternational class 44. Nonetheless, by means of an appeal, the Trademark Office considered that the signs were not able to create confusion or association in the market due to the different nature of the goods and services involved. The rationale behind the decision, was that each sign targets an unrelated type of consumer and the goods and services are marketed through dissimilar channels. Therefore, a correct application of the principle of trademark specialty was made.