The trademark Kimsum was filed by Kamstar GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 28, 2022, and received one opposition filed on October 10, 2022 by Kimpton Hotel & Restaurant Group, LLC on Likelihood of confusion. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2370/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on September 22, 2024 by the EUIPO. The Opposition with reference B 003180586 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Work clothes
Garments for protecting clothing
Formalwear
Dresses
Trousers
Suits
Underwear and nightwear
Clothing for men, women and children
Jackets [clothing]
Jackets being sports clothing
Men's and women's jackets, coats, trousers, vests.
The mark was filed in class 29 with following description of goods:
Duck eggs
Duck meat
Duck gizzards
Roast ducks
Duck confits
Cooked duck
Pressed salted ducks
Duck jerky
Prepared meals consisting primarily of duck
Duck feet for human consumption
Meat
Cooked poultry
Preserves of poultry
Deep-frozen poultry
Roast poultry
Frozen poultry
Shelled prawns
Prawns, not live
Pickled eggs
Canola oil
Vegetable oils for food.
The mark was filed in class 30 with following description of goods:
Noodles
Udon noodles
Soba noodles
Asian noodles
Dried noodles
Fried noodles
Chinese noodles
Ramen noodles
Shao mai
Freeze-dried dishes with the main ingredient being pasta
Instant chinese noodles
Chinese noodles [uncooked]
Lo mein [noodles]
Chow mein noodles
Chow mein [noodle-based dishes]
Chinese rice noodles (bifun, uncooked)
Dried and fresh pastas, noodles and dumplings
Instant noodles.
The mark was filed in class 43 with following description of goods: