Wordmark “CK” – Calvin Klein vs. Creationes Kennya

There is no similarity or likelihood of confusion between the trademark “ck creationes kennya” and the older community trademark “ck calvin klein”.

Pursuant to Art. 8 Para. 1 lit. b Council Regulation(EC) No. 40/94 a trademark can not be registered if

• the proprietor of an older trademark objects and
• the new mark is identical or similar to the older trademark and
• the trademarks are related to identical or similar goods or services and
• this causes a likelihood of confusion within the relevant public circles.

When comparing compound trademarks, it is not sufficient to compare components separately. In fact it is required to compare the trademarks in their entireness.

The mere similarity between the dominating element “ck” of the older trademark “ck calvin klein” (being registered in a way where “ck” is printed in significantly bigger fonts than “calvin klein”)  and the element “ck” of “ck creaciones kennya” does not cause a likelihood of confusion as the latter is dominated by “creaciones kennya” and not by “ck”.

European Court of First Instance (T-185/07, 7th May 2009)