Kellogg Company v Exxon Company

Kellogg Company (Kellogg) sought to register a trade mark for "Krave" in relation to confectionery and cereal bars. Exxon Company (Exxon) opposed this registration, arguing that the proposed mark was deceptively similar to its existing trade mark "Craven A" used for tobacco products. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the trade mark "Krave" was deceptively similar to the trade mark "Craven A" for the purposes of section 12(1) of the *Trade Marks Act 1995* (Cth). This involved an assessment of the visual, aural, and conceptual similarities between the two marks, and whether these similarities were likely to deceive or cause confusion among consumers.

The Court considered the "catalogue approach" to comparison, which involves a detailed examination of each element of the marks. It found that while there were some similarities, particularly in the initial letters and the presence of a "v" sound, the overall impression of the marks was sufficiently different. The Court noted that "Krave" was a coined word with a distinct meaning related to craving, whereas "Craven A" was a well-established brand name in a different product category. The Court concluded that the differences between the marks were substantial enough to avoid deception or confusion in the minds of the relevant consumers.

The Court dismissed Exxon's opposition to the registration of Kellogg's trade mark.