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If you are not to sure about Trademarks and their importance as a business asset, then a quick overview of the current Kylie Minogue versus Kylie Jenner trademark opposition is a great way to start.

Her are the key points:

Kylie, our homegrown girl, has been around since the 1980’s and has trademarked the name KYLIE for a list of uses including sound recordings (Class 9), Jewellery (Class 14), printed matter (Class 16) and Toys (Class 28).

Jenner, if you don’t know is the sister of Kim Kardashian and a new celebrity but not to be underestimated as she was recently voted as one of “The 25 Most Influential Teens of 2014” by Time Magazine with an enviable Instagram following over 50 million. This Kylie has applied to trademark her name for entertainment in the nature of providing information by means of a global computer network in the fields of entertainment, fashion and pop culture (Class 41).

Minogue has filed opposition on the argument of confusion. She now has a battle on her hands to prove that she is “famous” in the US and that this opposition is warranted.

This case, if is proceeds does highlight to local Business Owners the need to plan their growth programmes before trademarking. It is important to register your brand on all of the correct classes and accurately describing the goods and services your business provides now and in the future. But remember, here in Australia you can lose your mark for non-use and applications must be filed in good faith.

Untapped Agency is a Licensing Agent for Brand Owners, Licensees, Manufacturers and Retailers. We extend iconic brands, copyright, music, designs and trademarks into innovative, new consumer products, services and promotions.