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 that reputation use of the KitchenMaid mark was likely to deceive or cause confusion; and
- KitchenMaid was substantially identical or deceptively similar to Whirlpool’s family of KITCHENAID trade marks and for similar goods or closely related services; andHuilong did not have a bona fide intention to use the trade mark as at the filing date of its application.