Intl’ application no.876696 KENWOOD for products of Class 07, 09 and 11 in the name of De Longhi Benelux SA (Luxembourg) was refused to protect by the National Office of Intellectual Property (NOIP) on the ground that the applied-for mark is confusingly similar to prior marks, namely national registration no.4448 and Intl’ Registration no.1089913, 1100935 and 1113434 JVC KENWOOD of JVC Kenwood Corporation.
De Longhi Benelux SA appealed against the NOIP’s refusal decision, firstly at NOIP and secondly at the Ministry of Science and Technology (MOST), arguing that after having received the decision to refuse protection, De Longhi Benelux has limited the list of goods (namely removed the goods of Class 09 and the revision of this list of goods has been recorded at WIPO), the goods of Class 07 and 11 (cover mainly kitchen domestic appliances and apparatus) of the applied-for mark is no longer similar to the goods of Class 09 (hifi, audio and audiovisual equipment) and Classes 35, 37 and 41 of the cited marks above. In addition, De Longhi Benelux has acquired a Letter of Consent from JVC Kenwood Corporation that allows them to register and use the trademark KENWOOD in Vietnam for all the goods of Classes 07, 09 and 11 claimed in the Intl’ App. no.876696.
With the supplementation of "Letter of Consent", the possibility of protecting the KENWOOD mark of De Longhi Benelux SA is being reviewed by the NOIP under a MOST’s directive.