Wilbur-Ellis Company LLC filed an opposition on Tuesday in the United States Patent and Trademark Office (USPTO) against BASF Corporation’s request for a registered trademark for INTEGRAL. The opposer said it owns two similar trademarks for use with seeds and agriculture which are similar to the requested trademark.
Each company sells seeds and other similar agricultural products. Wilbur-Ellis is a California company and BASF is a Delaware company. Wilbur-Ellis explained that it has registered trademarks for INTEGRA and INTEGRA FORTIFIED SEED, for use with agricultural seeds and advisory services for agronomy, horticulture, and agriculture.
BASF, the applicant, reportedly intends to use the INTEGRAL mark for plant related products including “plant growth regulating preparations, chemical preparations for the treatment of seeds, chemical (and biological) preparations for stress management in plants,” and chemicals for use in insecticides and fungicides. The opposer reportedly sells many of these products described in the application, some under its Integra trademark.
Wilbur-Ellis purported that it has used the INTEGRA marks since at least 2007, however, BASF has not yet used INTEGRAL in commerce. The opposer explained that it has “extensively advertised, promoted, and marketed its goods and services such that consumers have come to know and recognize Opposer’s trademarks as identifying products which originate with or are authorized by Opposer.”
Wilbur-Ellis further proffered that it has invested significantly to create and maintain its trademarks and promote its products in the United States and internationally. Wilbur-Ellis alleged that because the goods associated with BASF’s trademark application are similar to products provided by the opposer, the goods would have an overlap of consumers, and could cause confusion over which company produced the goods.
As a result, Wilbur-Ellis claimed that it could be harmed by the registration of BASF’s trademark for INTEGRAL —which is just one letter different from its INTEGRA mark— and asked the USPTO to deny the registration of the mark.
The opposer is represented by Randy Troxel with Trademark-Associates.
