Fruit loops for everyone: The UKIPO rejects Kellogg’s trade mark opposition

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

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles

Ringo Starr’s Trade Mark Dispute

The Beatles drummer Ringo Starr has recently undergone a trade mark dispute with a sex toy manufacturer selling the product: ‘ring o’. The basis of

Lidl v Hendricks Gin Battle

A recent case has emerged between Hendricks Gin and Lidl. Lidl had started putting a gin known a ‘Hampstead gin’ on their shelves following a