Kellogg's launches TM opposition against tennis star
Multinational food manufacturer Kellogg's has opposed the use of a ‘Special K’ trademark by Australian tennis player Thanasi Kokkinakis for a clothing range.
Kokkinakis and his doubles partner Nick Kyrgios qualified for the Davis Cup semifinal in 2015, and have been referred to as ‘the Special Ks’ by the media and the public.
In April 2015, Kokkinakis’s company applied to register the ‘Special K’ trademark (Australian trademark number 1,685,319) with the Australian IP Office, covering classes 25, 28 and 41, for sportswear, apparatus for racquet sports and the arranging of sports competitions, respectively.
Kellogg's, which released its Special K cereal brand in 1955, opposed the trademark five months later.
It has owned Australian trademark number 1,500,93 for the ‘Special K’ cereal brand since 1958.
Yesterday, June 8, the dispute had its first hearing in court, before Justice Brigitte Markovic at the Federal Court of Australia, New South Wales District.
Kellogg's must file and serve its amended notice of appeal and points of claim in relation to the opposition grounds by June 19.
Markovic ordered that Kokkinakis must file and serve his points of defence by July 20, ahead of a further case management hearing in August.
She also ordered that the dispute be referred for mediation, to take place before August 18.
A spokesperson for Kellogg's said: “Special K is one of our most iconic global brands and we’re seeking to defend our rights to the almost 60-year-old trademark.”
The spokesperson added that Kellogg's was not suing, but rather appealing Kokkinakis’s trademark and “defending an iconic brand”.
“The hearing on the ‘Special K’ trademark has finished and procedural directions have been given. We’ll continue to defend our iconic and much loved ‘Special K’ brand,” they said.
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