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 vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. 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)
- Prince Harry Seeks Judicial Review Over UK Police Protection - 7th July 2022
- Boris Johnson launches Coronavirus public inquiry - 1st July 2022
- Apple faces £768m collective action for ‘throttling’ iPhones - 27th June 2022
- Over 6 million Britons involved in land disputes with neighbours - 27th June 2022
- Volkswagen agrees to pay £193 million to around 91,000 British drivers - 13th June 2022
