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.
Suffering an intellectual property and technology disputes can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email email@example.com or firstname.lastname@example.org. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
Latest posts by Shalish Mehta (see all)
- Liverpool Football Club win High Court Case against marketing firm which introduced them to BetVictor - 14th January 2021
- COVID-19 vaccine: UK government gives Pfizer legal indemnity to protect it from being sued - 3rd December 2020
- Harry Dunn’s parents lose high court legal challenge over immunity case - 3rd December 2020
- Dementia in Football: Taskforce to be created by PFA to examine issue of brain injury diseases - 2nd December 2020
- Economy Adviser initiates legal proceedings against the government over the closure of hospitality venues - 24th October 2020