CALINKALIN - 242930

• Date: 22 July 2014
• Administrative Decision Number: 242930
• opponent: CALVIN KLEIN TRADEMARK TRUST
• Section: Trade Marks Act, 1996 - 2008-2017

1

DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE MARKS

IN PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

In the matter of an application for registration of Trade Mark No. 242930 and in the matter of

an Opposition thereto.

KIMARK Applicant

(Represented by Cruickshank & Co.)

CALVIN KLEIN TRADEMARK TRUST Opponent

(Represented by FRKelly)

The Application

1.On 14 October, 2009 (the “relevant date”) Kimark, a Societe en Commandite par Actions,

of Rue Beyaert 54, Tournai 7500, Belgium made application (No. 2009/01849) under

Section 37 of the Trade Marks Act, 1996 (“the Act”) to register

as a Trade Mark in respect of “Bags, wallets, purses, schools bags, umbrellas” in Class 18,

“Fabrics; bath linen; bed linen; household linen” in Class 24 and “Clothing; underwear;

bodies; pyjamas; socks; shoes; slippers; hats; caps (headwear); gloves; scarves; bibs,

baby's napkins; bathrobes; layettes; belts” in Class 25.

2.The application was accepted for registration and advertised accordingly under No. 242930

in Journal No. 2151 dated 26 May, 2010.

3.Notice of Opposition to the registration of the trade mark pursuant to Section 43 of the Act

was filed on 24 August, 2010 by Calvin Klein Trademark Trust, c/o Wilmington Trust

Company of 1100 North Market Street, Wilmington, Delaware 19890, United States of

America.The Applicant filed a counter-statement on 1 December, 2010 and evidence was,

in due course, filed by the parties under Rules 20, 21 and 22 of the Trade Marks Rules,

1996 (“the Rules”).