The famous British brewery company Fuller have been granted a victory by the UK Intellectual Property Office (‘UKIPO’).
The famous British brewery company Fuller have been granted a victory by the UK Intellectual Property Office (‘UKIPO’).
Fuller wanted to trade mark the name ‘Froot Loops’ for their fruity ale that it is releasing this summer. However, the global cereal company Kelloggs had opposed the EU trade mark registration, as it owned a cereal called ‘Fruit Loops’.
Fuller had argued that as the two products were very different, there was no strong similarities between them and they were unlikely to be placed on the same shelf in supermarkets. In addition, as Fuller’s product was an alcoholic ale it was unlikely that the public would confuse the two brands (both brands are known for creating one specific type of product).
In order for Kelloggs to be successful in its opposition, it had to prove to the UKIPO that its ‘Fruit Loop’ cereal had sufficient reputation in the UK. However, the UKIPO found that the Kelloggs product only had sufficient reputation in the United States. Furthermore, as Kelloggs failed to provide any UK sale figures, the UKIPO could only consider the evidence that was presented. Consequently, the UKIPO held that there was a low degree of similarity between the two trade marks and dismissed Kelloggs opposition.
By Fatima Amedu
