Action brought on 29 May 2007 - Calvin Klein Trademark Trust v OHIM - Zafra Marroquineros (CK CREACIONES KENNYA)

(Case T-185/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Calvin Klein Trademark Trust (Delaware, United States) (represented by: T. Andrade Boué, M.I. Lehmann Novo and A. Hernández Lehmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Zafra Marroquineros, S.L.

Form of order sought

annulment of the contested decision of 29 March 2007 in Case R 314/2006-2;

rejection of Community word mark No 3386604 CK CREACIONES KENNYA;

order OHIM to pay the costs including those of the intervener.

Pleas in law and main arguments

Applicant for a Community trade mark: Zafra Marroquineros, S.L.

Community trade mark concerned: The word mark 'CK CREACIONES KENNYA' for goods in Classes 18 and 25 (application No 3.386.604).

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Primarily the Community figurative mark 'CK Calvin Klein' (mark No 66.712) for goods and services in Classes 3, 4, 8, 9, 14, 16, 20, 21, 24-27, 35 and 42 and the national marks 'CK' for goods in Classes 18 and 25.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1) and (5) of Regulation (EC) No 40/94 ¹ since there exists a likelihood of confusion between the marks in dispute and the mark 'CK' is well known.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).