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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 16 OCTOBER 2008
Crumbly trade mark dispute: "Bettys tearooms" v "Fat Bettys"

The Telegraph reports of a crumbly trade mark dispute between 'Bettys tearooms' and a small Yorkshire business called 'Cheese & Co' over the latter's use of the mark 'Fat Bettys' for marketing its savoury biscuits.

'Bettys tearooms' operates six tearooms in Yorkshire and is worried consumers could be confused into thinking that 'Fat Bettys' are a 'Bettys tearooms' product. A spokesperson for 'Bettys tearooms' is quoted as saying "Bettys has been our name over three generations since 1919. Over the last few years several businesses have tried to launch products using the name Betty, some of them large, nationwide organisations.... we have a responsibility to protect the Bettys name for the future of our business." As to be expected Mr Kidd, who runs 'Cheese & Co', sees the matter rather differently and fears his business would suffer should he have to re-brand his successful savoury biscuits. "Bettys are unreasonable" he is quoted and further "They didn't challenge it two years ago and now they see how successful the product is they are starting to attack us." The Telegraph also reports that Mr. Kidd has been offering his 'Fat Bettys' biscuits under the 'Taste of Yorkshire' umbrella brand in food stores and farm shops.

It appears that 'Bettys tearooms', who have been "advised to get in touch with the trade mark examiner" intends to invalidate U.K. trade mark registration No. 2409049 Fat Betty covering biscuits, snacks, nibbles in class 30 and with a registration date of 6 October 2006. Mr. Kidd, meanwhile, has staged a peaceful street protest outside Bettys tearooms holding up a sign with the slogan a "Save Fat Betty".

Posted by: Birgit Clark @ 21.00
Tags: fat betty, trade mark dispute, UK,
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