DENTEK v dentix: No likelihood of confusion
The General Court of the European Union has ruled that the mark dentix cannot be confused with the earlier mark DENTEK. The reason: the common element 'dent' is weakly distinctive for dental care products.
What was the case about?
Dentek Oral Care, Inc. opposed the registration of the EU figurative mark 'dentix' by Jeronimo Martins Polska S.A. for dental care products. It relied on its earlier EU word marks DENTEK and figurative marks DenTek, claiming a likelihood of confusion. The EUIPO Opposition Division initially upheld the opposition, but the Board of Appeal annulled that decision. Dentek then brought an action before the General Court of the European Union.
The Court dismissed the action. It confirmed that the goods were identical or similar, but found the signs only weakly similar. The element 'dent' is weakly distinctive for dental-related products, and the endings 'ek' and 'ix' are meaningless. In the global assessment, there was no likelihood of confusion, including for the Bulgarian- and Greek-speaking public. The figurative marks also differed in font, colour and shape.
Action dismissed: no likelihood of confusion
The General Court dismissed the action brought by Dentek Oral Care, Inc. in its entirety. The Board of Appeal's decision that there is no likelihood of confusion between DENTEK and dentix was confirmed. Dentek must bear the costs incurred by EUIPO; the intervener bears its own costs.
What you can learn from this
For Swiss SMEs, this case shows that choosing a brand name in a descriptive field such as dental care requires caution. Elements like 'dent' are weakly distinctive for such goods and do not by themselves create a likelihood of confusion. Anyone filing a trade mark should check whether the chosen name is sufficiently distinctive or whether it relies too heavily on descriptive elements.
For monitoring and defence, this means that a mark with a weak element does not protect against similar signs that also contain that element. To enforce one's mark, one must rely on overall distinctiveness and document how one's own sign differs in font, colour and shape from newer marks. Early trade mark research and clear positioning help avoid costly disputes.
Case ticker
This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 23.10.2026
- 07.10.2026 EU Court confirms: no likelihood of confusion between DENTEK and dentix for dental care products. Source
- 05.06.2025 On 5 June 2025, Dentek Oral Care brought action T-371/25 before the General Court of the European Union against EUIPO concerning the trade mark 'dentix' held by Jeronimo Martins Polska. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
General Court of the European Union, judgment of 7 October 2026, T-371/25 (Dentek Oral Care, Inc. v EUIPO).
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.