On Monday, Dow AgroSciences LLC filed an opposition to Agrynex, Inc.’s request for a trademark for AGRYNEX, citing its own trademark for ARYLEX. The opposer claimed that there would be a likelihood of confusion between the two marks since they are both meant to be used for similar products and that it would be damaged by the registration of the AGRYNEX trademark.
Dow AgroSciences explained that it “is a well-known agricultural company” that researches and develops chemical products with various agricultural uses including seed treatments, pesticides, and herbicides. The company has sold chemicals using the ARYLEX trademark since at least 2016, and it claimed that it has common law rights to the trademark as associated with agricultural chemicals, along with its registered trademark which was issued in 2017.
Agrynex reportedly filed an application for a trademark for AGRYNEX in October 2020 for various uses in commerce including seed coatings, chemical preparations, and spraying crop protection.
The opposition called the trademark requested by Agrynex “confusingly similar” to its own mark, citing sight, sound, and impression. The complaint stated, “because of the similarities in the marks and the overlap in the goods, Applicant’s Mark is likely to cause confusion, or to cause mistake or to deceive because relevant purchasers familiar with Opposer’s Mark and with Opposer’s Goods are likely to believe that Applicant’s Goods and Services are in some way affiliated with Opposer or related to Opposer.” Dow AgroSciences claimed that this confusion would cause it harm and could damage the company’s goodwill associated with its Arylex mark.
Dow AgroSciences, represented by Barnes & Thornburg, explained that it has spent significant time and money promoting its marks and has “acquired distinctiveness in the minds of relevant consumers. It asked the Trademark Trial and Appeal Board to reject the applicant’s request for the AGRYNEX trademark.
