Decisions · Cancellation No. 92074422
Kimberley Kampers IP Pty Ltd v. Safiery Pty Ltd
Cancellation No. 92074422 · Decided 2022-11-02 · Cancellation
What happened
Summary judgment denied — the Board refused to cancel Safiery’s KIMBERLEY KAMPERS registration for campers on the papers, finding the ownership evidence inconclusive and the abandonment claim premature because the three-year nonuse period is measured from the application’s filing date and had not yet run, while separately ordering briefing on a nonuse theory the Board raised itself.
The marks
Applicant
KIMBERLEY KAMPERS (standard characters; Respondent's Reg. No. 5584926, registered October 16, 2018, disclaiming CAMPERS)
"campers; recreational vehicles, namely, campers" in International Class 12
Petitioner's mark
KIMBERLEY KAMPERS (standard characters; Petitioner's pleaded Application Serial No. 88952753)
"campers; recreational vehicles, namely, towable trailers; recreational vehicles, namely, campers" in International Class 12
Why this decision is significant
Precedential order confirming that for a use-based registration the three-year abandonment presumption period runs from the application filing date (following ShutEmDown Sports), and showing the Board sua sponte identifying a void-ab-initio nonuse theory from the summary-judgment record and ordering further briefing. Interlocutory — proceeding continued after this order.
Research significance is Trademark Valet's editorial rating of how useful a decision is to practitioners. It is not a statement of precedential weight — that is the separate Precedential field, which comes from the Board.
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The original record
Read the opinion and every filing on the Board's own docket. The summary above is our paraphrase, not a quotation from the opinion. The opinion is the authority.
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Provenance — Written from the opinion; research-significance tier confirmed.
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