UK pet food manufacturer The Real Petfood Company has successfully opposed an attempt by VIP Topco to register the trademark of a company of the same name from Australia in the UK.
In September 2016, VIP Topco applied to register Real Pet Food Company as a UK and EU trademark, which was opposed in February 2017 by The Real Petfood Company.
In October 2016, Inspired Pet Nutrition applied to register The Real Petfood Company as a trademark, which was opposed in March 2017 by VIP Topco.
The UK Intellectual Property Office has ruled that The Real Petfood Company in the UK had established significant goodwill in respect of the manufacturing, retailing and wholesaling of pet food as well as pet snacks and treats over many years of trading.
The decision confirmed that if VIP Topco were able to use the trademarks it had applied for, it would amount to ‘passing off’.
‘Passing off’ applies to protect unregistered rights that are associated with a business, its goods or services. It occurs when a business ‘passes off’ another party’s goods or services as if they are their own, by misrepresentation.
KEY ASSET
The Real Petfood Company in the UK was set up in 1998 as a pet treats and snacks manufacturer, and is now a daughter company to Inspired Pet Nutrition. Based in Denbighshire, Wales, it makes Wagg and Harringtons wet pet food, and is also home to the baked dog food and treats brand Nineteen 87. Its turnover is currently in the £11m region.
Real Pet Food Company (RPFC) in Australia has its origins in a smaller family-run business on the Gold Coast, founded in 1994. It was acquired by Quadrant Private Equity in 2015, and was subsequently acquired in 2017 by a consortium of Chinese and Singaporean investors in a sale that valued the company at A$1 billion. RPFC acquired Billy + Margot in 2016 and Benyfit Natural in 2018.
James Lawson, managing director of The Real Petfood Company, said: “We have used our company name since the business was founded in 1999 and during the past 20 years it has successfully communicated our company culture and commitment to quality and service. Our customers clearly trust this name which now has a significant value which we naturally wish to protect.
“Our brand name is a key asset and will play an increasingly important role as we look to more than double sales in the UK and mainland Europe from their current level of some £11 million during the next two years.”
The IPO awarded costs to The Real Petfood Company, which came to £1,500. A further decision is pending the outcome of the EU trademark challenge.
