The trademark Kimkom 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 27, 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 English, and English was also language of all opposition proceedings (German was selected as the second language).
The Appeal with reference B R2369/2023-1 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 003180557 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
Jackets
Down jackets
Rainproof jackets
Heavy jackets
Sports jackets
Jackets [clothing]
Long jackets
Wind jackets
Windproof jackets
Casual jackets
Underwear
Ladies' underwear
Long underwear
Women's underwear
Sleepwear
Maternity sleepwear
Leather garments
Under garments
Foundation garments
Sleeping garments
Sports garments
Down garments
Religious garments
Coats
Trousers
Short trousers
Trousers shorts
Riding trousers
Waistcoats
Leather waistcoats
Waistcoats [vests]
Korean traditional women's waistcoats [Baeja]
Gloves
Gloves [clothing]
Winter gloves
Snowboard gloves
Fingerless gloves.
The mark was filed in class 29 with following description of goods:
Shrimp floss
Shrimp paste
Dried shrimps
Shrimp meat floss
Shrimps, not live
Coconut shrimp
Duck
Duck meat
Duck gizzards
Duck eggs
Cooked duck
Duck confits
Duck jerky
Roast ducks
Pressed salted ducks
Duck feet for human consumption
Prepared meals consisting primarily of duck
Meat
Meats
Meatballs
Meat stocks
Meat jellies
Meat gelatines
Meat extracts
Meat [preserved]
Meat preserves
Meat, preserved
Canned meat
Frozen meat
Prepared meat dishes
Prepared dishes consisting principally of meat
Cooked meat dishes
Frozen meat products
Frozen meals consisting primarily of meat
Chicken
Chicken pieces
Cooked chicken
Chicken nuggets
Roast chicken
Chicken stock
Frozen chicken
Chicken burgers
Chicken gizzards
Frozen meals consisting primarily of chicken
Olive oil for food
Olive oils
Olive oil
Rapeseed oil for food
Cooking oil
Cooking oils
Soybean oil for cooking
Groundnut oil
Chilli oil
Edible oil
Edible oils
Bone oil, edible
Edible bone oil
Linseed oils [edible]
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Shrimp dumplings
Shrimp noodles
Flavourings made from shrimps
Shrimp chips
Shrimp sauce
Noodles
Udon noodles
Instant udon noodles
Udon noodles [uncooked]
Udon (Japanese style noodles)
Soba noodles
Instant soba noodles
Soba noodles [japanese noodles of buckwheat, uncooked]
Asian noodles
Dried noodles
Dried and fresh pastas, noodles and dumplings
Fried noodles
Stir-fried noodles with vegetables (Japchae)
Pad thai (Thai stir-fried noodles)
Chinese noodles
Chinese noodles [uncooked]
Instant chinese noodles
Chinese rice noodles (bifun, uncooked)
Ramen noodles
Instant cooking noodles.
The mark was filed in class 43 with following description of goods: