Kellogg’s ‘Fruit Loop’ opposition rejected
The Fuller’s brewery of Britain achieved a successful outcome when the UK Intellectual Property Office (UKIPO) rejected a trademark opposition brought by the American food manufacturing company, Kellogg. On May 2, 2019, Thursday, the UKIPO issued a decision in favor of the brewery, stating that Kellogg’s couldn’t bespeak reputation of its ‘Froot Loops’ brand in the UK.
Last year in June, Kellogg’s had filed an opposition against Fuller’s ‘fruit loop’ mark for a seasonal summer fruity beer, which according to the food manufacturer, infringed its EU trademark (EU number 145325) for the breakfast cereal brand. Kellogg’s even claimed that Fuller’s mark is likely to cause detriment to the brand’s reputation by its use with respect to an alcoholic beverage. However, Fuller’s proclaimed that “Neither the word mark nor the label mark were created with any reference to the ‘FROOT LOOPS’ trademark belonging to the Kellogg company and even argued by asserting the fact that the cereal products and beer had very little in common in terms of taste or flavor to be placed near each other in shops.
After going through all the claims and justifications, the UKIPO found that the marks were similar or identical to a very small extent while considering all the other elements in Fuller’s mark including the alcohol content label and the words ‘tropical fruit pale ale’.
According to the UKIPO, the ‘FROOT LOOPS’ mark didn’t have much reputation and uniqueness in the UK, nothing that the cereal was much more popular among the people of US. Moreover, Kellogg’s had miserably failed to provide any figures of sale for the UK, and the only ,marketing figures available were with a special edition of the ‘Unicorn Froot Loops’. More Visit: http://kashishipr.com/