Unfortunately for Ms. Jenner, when it comes to trade marks the early bird gets the worm.
Our home grown songstress Kylie Minogue has opposed acceptance of Kylie Jenner’s trade mark application for KYLIE in the United States. Jenner – who rose to fame as the half-sister of the Kardashian clan is seeking protection for the KYLIE mark for advertising services in Class 35. Whilst that is the only application that has been opposed to date, Jenner’s Class 41 application for KYLIE is also likely to be opposed in due course.
The battle may also play out down under, where Jenner’s application for KYLIE is currently under examination, and presumably blocked by Minogue’s prior registered marks for KYLIE. Jenner’s trade mark could also be subject to a descriptiveness objection, as in Australia a common first name by itself is unlikely to be considered distinctive when the goods and services are common place.
Jenner may have better prospects if she filed an application for her full name KYLIE JENNER, as trade marks made up of a first and a last name are less likely to be needed by other traders and therefore more likely to be considered distinctive. There is no guarantee though that filing for her full name would avoid an objection based on Kylie Minogue’s registered KYLIE trade marks.
Unfortunately for Ms. Jenner, when it comes to trade marks the early bird gets the worm, and Kylie Minogue first sought trade mark protection for the KYLIE name in Australia in 2001 when Jenner was a mere three years old!