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)
- 6 steps to take when you have a boundary dispute with your neighbour - 3rd January 2024
- Actor Noel Clarke seeks £10m in defamation case against The Guardian - 21st December 2023
- World Snooker Tour threatens legal action against five of its own players - 13th October 2023
- McLaren seeks at least $23 million in damages from Alex Palou - 9th October 2023
- LIV golfer Patrick Reed files defamation lawsuit against Golf Channel and commentator Brandel Chamblee - 1st October 2023