Syngenta Participations AG, a Switzerland-based agriculture company, filed an opposition Wednesday before the Trademark Trial and Appeal Board to Bladerunner Farms Inc.’s application for a trademark of its logo that includes a depiction of a golf course and the phrase “Primo Zoysia.”
The goods and services involved in the dispute include sod, which is in Class 031. Bladerunner Farms, a Texas company, reportedly filed its application for the mark April 16, 2020, for use with sod sales. The application was filed based on “bona fide intent to use the subject mark in commerce,” the complaint said, and it alleged that the applicant did not claim exclusive rights to Primo Zoysia.
Syngenta explained in its opposition that it has been using its registered mark for Primo Maxx since September 15, 1999, and has continuously used the trademark when selling many of its products, including soil and turf. The Primo Maxx mark is registered for use with “plant growth regulators for agricultural use, namely turf growth regulation” and for “fungicides for agricultural and domestic use.” Syngenta claimed that its mark is well known and that it has “acquired significant goodwill and consumer recognition.” The company claimed that it filed this opposition to protect the efforts it has invested into the trademark.
In the opposition, Syngenta claimed that its ownership and registration of the mark is “incontestable” and that it has exclusive rights to the trademark. Additionally, the company reported that it used its mark for more than 21 years before Bladerunner Farms applied for the trademark and that the applicant should have known about the existence of the trademark.
According to Syngenta, the Primo Zoysia and Primo Maxx marks are similar enough in sound and meaning to cause confusion among consumers, especially since the goods with which the applicant is planning to use its trademark are similar and have overlap with those Syngenta produces under its trademark.
Syngenta is represented by The Watson IP Group PLC.
