The trademark KD was filed by Karine DUPONT, a national of the French Republic (the "Applicant"). The application was published for oppositions on May 15, 2005, and received one opposition filed on August 8, 2005 by Biella Shrunk Process s.a.s. di Pietro Alberto & C. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 8, 2005
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 22, 2006. Change of name and professional address of the trademark registration was recorded on August 19, 2007.
The Opposition with reference B 000885139 was rejected according to Article 8(1)(b) CTMR with decision issued on January 16, 2008 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, deodorants for personal use (perfumery), incense and bath salts, not for medical purposes..
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys other than for dental purposes
Jewellery, precious stones, horological and chronometric instruments
The mark was filed in class 21 with following description of goods:
Non-electric household or kitchen utensils and containers (not of precious metals or coated therewith)
Combs and sponges
Brushes (except paint brushes)
Brush-making materials
Articles and utensils for cleaning purposes, steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware, namely: boxes of glass, candlesticks not of precious metal, flower-pot covers, not of paper, figurines of porcelain or of glass, mosaics of glass, not for building, opaline glass, vases not of precious metal, dinner services, not of precious metal, glasses (containers), drinking glasses, decanters, kitchen ranges, cookery moulds, flasks, not of precious metal, soap dishes, napkin holders, not of precious metal, powder compacts, not of precious metal, perfume sprays, perfume vaporisers
Works of art of porcelain, earthenware, china, terracotta or glass.
The mark was filed in class 24 with following description of goods: