#KimOhNo, but do trade mark laws say yes?

#KimOhNo, but do trade mark laws say yes?
The #KimOhNo trend on social media has caused an uproar regarding trade mark law. Moulis Legal offers their expert insight into trade mark law with their experience of assisting companies by protecting their legally filed trade marks.

Australia – In recent news, Kim Kardashian had previously trade marked the word “Kimono” for her new line of shapewear before she eventually bowed to public pressure and dropped the trade mark on July 1st. In most situations, a kimono is a Japanese traditional robe, however, Kim Kardashian’s new line of “Kimonos” is the exact opposite. Unlike the traditional kimono, Kardashian’s new clothing line is tight-fitting and plain, as opposed to the colorful, loose-fitting article of clothing. The choice of name for Kardashian’s new clothing is more about the play on her name than the type of clothing she has produced. People have become outraged over the choice of name and have taken their frustrations to social media with the hashtag, #KimOhNo, but was it legal that Kim Kardashian previously trade marked the word, “Kimono”?

Based on the fact that Kardashian’s new clothing line has nothing to do with the Japanese kimono, trade mark law actually states that there are no concerns regarding trade mark law. According to Moulis Legal (https://moulislegal.com/kimohno-but-do-trade-mark-laws-say-yes/), trade marks are intended to register exclusive rights in non-descriptive words in relation to goods or services that would otherwise not be associated with those words. A good example of this is Apple in that computers and technology have absolutely nothing to do with the fruit which is exactly what makes Kardashian’s trade mark completely acceptable. By applying for the word “Kimono”, it does not imply that Kardashian owns the word itself, which is a common misconception. 

Other people are still able to use the trade mark if it is used in a descriptive manner regarding the characteristics or nature of a product or service. However, the registration of this trade mark did ensure that Kardashian would not use her trade mark unethically in acts such as bullying smaller companies from using the word, which can be common. While her former actions were perfectly legal under trade mark law, there were no means to predict what Kardashian’s future actions were, even though she did indeed drop the trade mark. 

The team at Moulis Legal assists clients by protecting the intellectual property underlying their trade marks, inventions, and products. The international trade mark lawyers of Moulis Legal also provide clients with IP infringement and validity opinions and assist with everything from trade mark oppositions to licensing and non-disclosure agreements.

A trade mark helps to identify one’s brand that allows customers to easily recognize one’s product from the competition. A company’s trade marks can be one of the most valuable assets that a company possesses in that branding is embedded in one’s psyche and can trigger a powerful reaction when a consumer sees one’s trade marked product. The team at Moulis Legal is here to help protect the trade marks of companies all over the world and to help maintain one’s most valuable asset.

Moulis Legal is located at 6/2 Brindabella Circuit, Canberra in Australia Capital Territory and can be contacted via phone at 61-2-6163-1000 or via email at info@moulislegal.com. For more information regarding their internationally offered legal services, particularly regarding trade mark law, visit their website. 

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Address:6/2 Brindabella Circuit
City: Canberra
State: Australian Capital Territory
Country: Australia
Website: https://moulislegal.com/