Cereal giant the Kellogg Company has suffered a blow at the UK Intellectual Property Office (UKIPO) after their trade mark opposition of a mark belonging to British Brewery Fuller’s.
The challenge related to a trade mark owned by Fuller’s for ‘Fruit Loops’ in relation to a seasonal summer beer. The food manufacturer claims that the trade mark infringed its own EU trademark for the breakfast cereal brand (EU number 145325).
Kellogg’s claimed the brewery would benefit from the reputation of its cereal product and also damage the brand through its use in connection with an alcoholic beverage.
However, Fuller’s disputed this and argued that the products had little in common in terms of taste or flavour and that cereal products and beer was unlikely to lead to confusion as they would not be placed near each other in shops.
In its decision, issued at the start of May, the UKIPO ruled that the marks were similar to a low degree after taking into account the other aspects of the Fuller’s mark such as the wording ‘Tropical fruit pale ale’.
They also highlighted that the cereal ‘Fruit Loops’ only had a low level of reputation in the UK and was much more popular in the US market.
According to the UKIPO, Kellogg’s had failed to provide sufficient evidence to highlight their sales figures and brand reputation in the UK, and the only figures they did provide related to a special edition ‘Unicorn Froot Loops’.
Kellogg’s were ordered to cover Fuller’s costs.
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