Decision Nº O/556/20 from Intellectual Property Office - (Trade market), 9 November 2020

CourtIntellectual Property Office (United Kingdom)
JudgeMr A Feldon
Registration NumberUK00003471147
BL O/556/20
IN THE MATTER OF TRADE MARK APPLICATION 3471147
BY
N K D LONDON LTD
TO REGISTER THE FOLLOWING TRADE MARK:
AND
OPPOSITION THERETO (NO. 600001414)
BY
Nakdcom One World AB
2
Background and pleadings
1. N K D LONDON LTD (hereafter “the applicant) applied to register the trade mark:
in the UK on 1 March 2020. It was accepted and published in the Trade Marks
Journal on 20 March 2020, in respect of the following goods and services.
Class 25: Clothing, including underwear and outerclothing, other than special
purpose protective clothing; socks; mufflers [clothing]; shawls; bandanas; scarves;
belts [clothing]; Headgear; hats; caps with visors; berets; caps [headwear]; skull
caps; Footwear; shoes; slippers; sandals.
Class 35: The bringing together, for the benefit of others of Clothing including
underwear and outerclothing other than special purpose protective clothing, socks,
mufflers [clothing], shawls, bandanas, scarves, belts [clothing], Headgear, hats, caps
with visors, berets, caps [headwear], skull caps, Footwear, shoes, slippers, sandals
for sales in retail stores, wholesale outlets, by means of electronic media or through
mail order catalogues; provision of an online marketplace for buyers and sellers of
goods and services; services of import-export agencies.
2. The application was opposed under the fast track opposition procedure by Nakdcom
One World AB (hereafter “the opponent”) who opposes all of the goods and services
of the contested trade mark, on the basis of section 5(2)(b) of the Trade Marks Act
1994 (the Act).
3. The opposition is based on three European trade marks (EUTMs), namely
13810205, 13912746 and 18177380.
EUTM 13810205 was filed on 10 March 2015 and registered on 17 July 2015 for the
mark na-kd for goods and services in classes 14, 18, 25 and 35, including:

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