toucans can be trademarked?

Kellogg is suing the Maya Archaeology Initiative because they use a toucan in their logo, and this might be confusing to children who associate toucans with Fruit Loops cereal.

In my Environmental Anthropology class, we spend a fair amount of time talking about bioprospecting, and the patent laws as applied to naturally occurring phenomenon (like human genomes, and "wild" plants). This strikes me as a similar problem. The toucans in question don't look much alike, so Kellogg wants a trademark on all toucans.