Whirlpool Properties, Inc the company behind the well-known KITCHENAID food mixer has successfully prevented registration of the trade mark KitchenMaid.
Huilong Electrical Appliances Pty Ltd (”Huilong”) applied in 2008 to register KitchenMaid as a trade mark in Australia for goods which could broadly be described as kitchen appliances for preparing food and domestic cleaning appliances.
In Whirlpool Properties, Inc. v Huilong Electrical Appliances Pty Ltd ATMO 79 (25 August 2010), Whirlpool opposed registration of Huilong’s trade mark on the grounds that:
it had a reputation in the KITCHENAID trade mark at the date of filing of the KitchenMaid trade mark and
due to […]