Trade Marks Inter Partes Decision (O/115/11)
O-115-11 TRADE MARKS ACT 1994 IN THE MATTER OF APPLICATION NO. 2511020 BY CBN ONE OF THE BOYS APPAREL INC TO REGISTER THE FOLLOWING MARK IN CLASS 25: MIRACLE FIT AND OPPOSITION THERETO (NO. 99612) BY A&H SPORTSWEAR CO INC TRADE MARKS ACT 1994 In the matter of application no. 2511020 by CBN One Of The Boys Apparel Inc to register the trade mark MIRACLE FIT in class 25 and Opposition thereto (no. 99612) by A&H Sportswear Co Inc The background and the pleadings 1) Trade mark application 2511020 is for the mark MIRACLE FIT and it was filed on 13 March 2009 by CBN One Of The Boys Apparel Inc (“CBN”). The application was published in the Trade Marks Journal on 10 July 2009. CBN seeks registration in respect of the following goods in class 25: Clothing; clothing, namely, jeans, pants, slacks, trousers, jumpers, overalls, sweat pants, jogging pants, track pants, shorts, suits, skirts, dresses, tops, shirts, t-shirts, polo shirts, blouses, camisoles, tank tops, halters, sweaters, vests, cardigans, jerseys, sweat shirts, uniforms, outerwear, coats, raincoats, trench coats, jackets, jean jackets, ponchos, blazers, pullovers, sportswear, exercise wear, shape wear, namely, body suits, brassieres, girdles, panties, waist cinchers, tummy tuckers, compression garments, tummy trimmers and waist trimmers, sleepwear, lingerie, nightgowns, robes, bathrobes, pyjamas, undergarments, undershirts, underwear, boxer shorts, socks, leggings, tights, swimwear, beachwear and bathing suits. 2) On 8 October 2009 A&H Sportswear Co Inc (“A&H”) opposed the registration of CBN’s application. It opposes the application in respect of all the goods sought to be registered.
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