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Australian classic – “Iced Vo-Vo” or “Iced Dough-Vo”

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During the “Practical Steps for Brand Protection” seminar on Thursday night, we emphasised the value of reviewing your branding through:

  1. taking a “step back” and reviewing how your brand is used in your business
  2. considering all the elements of your brand
  3. inviting others within your business to review your brand
  4. asking your trusted advisors to review your brand and
  5. keeping a thread of consistency throughout your branding

We also highlighted the advantages of trade mark registration, with a registered trade mark owner having:

  1. exclusive statutory rights to use the registered trade mark on the specified goods and/or services
  2. the ability to object to third parties registering similar or identical marks and
  3. the ability to bring trade mark infringement actions against third parties

On Friday morning, we became aware of Arnott’s objection to the use by Krispy Kreme of the term “Iced Dough-Vo” for its doughnut (topped with a pinked fondant icing sprinkled with coconut) on the grounds that it was similar to Arnott’s “Vo-Vo” trade mark and sounded almost identical. Arnott’s applied for the trade mark “Iced Vo-Vo” on 17 April 2009, but has had the trade mark “Vo-Vo” registered since 1906.

We will keep you updated on the outcomes of any court proceedings that may follow from Arnott’s objection.

Author: Noelene Treloar