Revocation of Nestlé’s “CRUNCH” Trade Mark Registration in the UK

Many of us grew up enjoying chocolates and confectioneries such as Cadbury Dairy Milk, Nestlé KitKat, MARS Chocolate Bars and Nestlé Crunch. These iconic brands have been a part of our lives for years since childhood.

Recently, a Manchester-based company, KBF Enterprises, filed a revocation action against a mark belonging to Société des Produits Nestlé S.A. (“Nestlé”), the global conglomerate renowned for its diverse portfolio of well-known food and beverage brands. This will be Nestlé’s “CRUNCH” mark (No. UK00905542428) registered in the UK and in class 30 for goods including chocolate products, confectionery and bakery products. KBF Enterprises sells a protein bar (also named “CRUNCH”) and its trade mark application for “CRUNCH” (No. UK00003860618) in the UK was also opposed by Nestlé. ?

The UK Intellectual Property Office (UKIPO) decided to revoke Nestlé's existing “CRUNCH” mark registration, which Nestlé had owned since 2007. The revocation was based on the fact that the required documents to challenge the revocation proceedings were filed late by Nestlé’s representatives, one day after the deadline. The UKIPO rejected the appeal and arguments put forth by Nestlé’s representatives, that the late submission was due to a series of human and technical errors. The UKIPO further found that the errors did not sufficiently explain why the required documents were not filed within the deadline.

This case serves as a reminder that failure to adhere to procedural requirements may result in loss of valuable intellectual property rights, with possible legal and financial repercussions entailed.

If you have any queries/ require assistance with trade mark filing, protection and management in countries within Southeast Asia, please feel free to contact our experienced team of trade mark professionals - Gerald Samuel (our Head of Trade Marks Department), Tat Wai Kwok or Kimberly C. at [email protected] who endeavour to provide the best services to you.

?

?