Cadbury 'Black Forest' vs Whittaker's 'Berry Forest' trademark battle

cadbury.co.uk

whittakersworldwide.com

Food Magazine reported that Cadbury loses trademark battle with its rival company Whittaker’s from using and applying trademark the term ‘Berry Forest’. Cadbury claimed that the term resembled its ‘Black forest’. 

Cadbury registered their trademark ‘Black Forest’. They argued that it might confuse customers that two products are related. But the Intellectual Property Office ruled that the two names are  "sufficiently different" and ‘Berry Forest’ could be registered as a trademark.

"I find that, as a whole, the opposed mark is visually, aurally, and, most importantly, conceptually dissimilar to the opponent's registered mark," said Jennie Walden,assistant commissioner of Trademark, the article added.

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