Kylie Minogue loses TM opposition at EUIPO
A company representing Australian pop star Kylie Minogue’s trademark rights has seen its trademark opposition dismissed by the European Union Intellectual Property Office (EUIPO).
In 2017, Spanish e-commerce company Saldum Ventures applied to register the mark “Kylie” in classes 9 and 14 covering goods including sunglasses and watches.
Minogue’s company, KDB, opposed the mark, citing both international and national registrations for “Kylie”, as well as an international registration for “Kylie Minogue”.
The opposition division of the EUIPO partially upheld KDB’s opposition with respect to class 14 for watches, and rejected the opposition for all other goods and services.
KDB appealed the decision to clear Saldum’s “Kylie” mark for registration in class 9.
On July 11, the EUIPO’s fourth board of appeal threw out KDB’s remaining grounds of opposition.
In its decision, the appeals board upheld the earlier finding of the opposition division that KDB had failed to substantiate its international registrations by providing the required documents and evidence as required by the EU Trademark Directive.
“Since the opponent failed to furnish the required evidence, or to make reference to a source recognised by the [EUIPO] from which that evidence is accessible online, the contested decision correctly rejected the opposition based on the earlier international registrations designating the EU as unfounded,” the appeals board ruled.
KDB had also cited its German and UK marks protecting jewellery in class 14. The appeals board, however, sided with the opposition division in ruling that jewellery was dissimilar to sunglasses in class 9.
“The mere fact that one can hang spectacles or sunglasses around his or her neck with a chain made of precious metal, or that one can put his or her (sun)glasses in a jewellery box does not render the goods complementary,” the appeals board said.
The EUIPO awarded costs of €550 ($617) to Saldum Ventures, to compensate for its costs incurred during the appeal proceeding.
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