17 December 2019TrademarksRory O'Neill

English High Court dismisses Babybel TM appeal

The English High Court has dismissed the owner of cheese brand Babybel’s appeal in a trademark dispute over the colour of the cheese’s wax coating, in a win for UK supermarket Sainsbury's.

In February this year, the UK Intellectual Property Office (IPO) cancelled French cheese company Fromageries Bel SA’s (FBSA) mark for the wax-coating of Babybel cheese.

Sainsbury's had the mark invalidated on the grounds that there was a mismatch between the description of the mark and the colours depicted in the pictorial representation registered at the IPO.

The description of the mark reads: “The mark is limited to the colour red. The mark consists of a three-dimensional shape and is limited to the dimensions shown above.”

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