KFC THC v Ltd v Grill'd IP Pty Ltd

This matter concerned an opposition by KFC Pty Ltd (the Opponent) to the registration of a trade mark by Grill'd IP Pty Ltd (the Applicant). The Opponent filed a Notice of Intention to Oppose and a Statement of Grounds and Particulars, nominating grounds under sections 42(b), 43, 44, 60, and 62A of the *Trade Marks Act 1995* (Cth). The Applicant subsequently filed a Notice of Intention to Defend. Evidence was filed by both parties, and the matter was heard by a delegate of the Registrar of Trade Marks.

The legal issues before the delegate were whether any of the grounds of opposition raised by the Opponent had been established. These grounds related to the potential for deception or confusion, the distinctiveness of the mark, and whether the applicant was entitled to registration. The Opponent, part of the Yum! Group, argued it held significant brand recognition in Australia through its KFC restaurants, associated slogans, and imagery, and owned registered trade marks incorporating these elements.

The delegate considered the evidence and submissions presented by both parties. The Opponent's evidence detailed its extensive history and brand presence in Australia, including its use of the "KFC" initials, the "It's Finger Lickin' Good" slogan, and the image of Colonel Sanders. The Opponent also highlighted its ownership of registered trade marks featuring these elements. However, the delegate found that the Opponent had failed to establish any of the grounds of opposition it had nominated.

Ultimately, the delegate decided that the Applicant's trade mark application could proceed to registration. The Opponent was ordered to pay the Applicant's costs in accordance with the relevant regulations, as it had not succeeded in its opposition.