The UK Intellectual Property Office (UKIPO) has rejected a trademark opposition brought by the Kellogg Company against British brewery Fuller’s.
In June 2018, Kellogg’s filed an opposition to Fuller’s ‘Fruit Loop’ mark for a seasonal summer beer, which Kellogg’s claimed infringed its EU trademark for its breakfast cereal brand Froot Loops.
Kellogg’s claimed that the Fuller’s mark would benefit from Kellogg’s reputation and also damage the brand by its use in connection with an alcoholic drink.
Fuller’s argued that the two products had little in common in terms of taste or flavour, and that cereal products and beer were unlikely to be placed near each other in shops.
The UKIPO was found that Kellogg’s had failed to demonstrate the reputation of its ‘Froot Loops’ brand in the UK and also failed to provide sales figures for the UK. .
The UKIPO also found that the marks were similar to a low degree, taking into account the other elements in Fuller’s mark, including the words ‘Tropical fruit pale ale’ and the alcohol content label.
The UKIPO awarded costs of £2,400 to Fuller’s.
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