Popstar Kylie Minogue has lost her opposition against a Spanish company who filed a name sake application.
Through her Australian company, KDB, Minogue filed a trade mark opposition against an application filed by Spanish company Saldum Ventures.
The application in question was for the word ‘KYLIE’ in classes 9 and 14 for sunglasses and watches.
The opposition was filed on the basis of a number of ‘Kylie’ and ‘Kylie Minogue’ registered trade marks.
Considering the application on first instance, the EUIPO agreed with Minogue in respect of class 14 but refused the opposition on the basis of class 9.
This refusal was appealed, however the EUIPO Fourth Appeal Board did not agree with this and withheld the refusal.
In their decision, the Board highlighted that Minogue’s company failed to file any evidence that would allow them to change their decision.
There was also a financial hit as the Office ordered that Saldum Ventures fees in respect of the appeal should be paid to them.
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