US vegan agency loses four-year struggle to kill off the legendary Ripple chocolate bar, offered in Britain since 1969
A US vegan milk company has failed in its bid to kill off the trademark of the Galaxy Ripple chocolate bar so it could sell products under the same name.
California firm Ripple Foods PBC (RFP), which produces a dairy alternative to milk made from peas, lodged a trademark dispute with chocolate giant Mars in 2022.
It tried to claim the ‘Ripple’ name was no longer in use – despite the fact the company has sold the Ripple bar in Britain since 1969.
With one of its most iconic chocolate bars facing the threat of a name change, Mars filed a defence and counter-filed to have RFP’s own trademarks, first filed in 2018 under an agreement with the Snickers maker, killed off.
Following a protracted dispute, the IPO has found largely in favour of Mars after the company pointed out that it had been selling the Ripple bar for years, alongside Ripple-branded cakes and hot chocolate.
On average, more than £22million of Ripple bars were sold each year between 2017 and 2021, according to evidence submitted by Mars to the IPO.
The IPO ruled that people could wrongly assume the vegan firm’s products were part of the Galaxy Ripple range – giving it an unfair competitive advantage by association with the hugely popular treat.
Referring to Mars’ UK division by its trading name of Mars Wrigley Confectionery UK, hearing officer Leisa Davies concluded: ‘The goods are sufficiently similar for consumers to believe that they are offered by Wrigley.’
Vegan milk firm Ripple Foods has failed in its bid to strip the Ripple trademark from chocolate giant Mars (pictured: some of its vegan products)
It sought to claim ‘non-use’ of the Ripple trademark – despite the chocolate bar (pictured) being a firm favourite with British chocolate lovers since 1969
RFP doesn’t currently sell products in Britain – but many companies often register trademarks abroad in case they decide to expand internationally.
Should it ever come to the UK, it will now have to use a different name for its vegan milk.
It can, however, use the name for vegan cheese and protein drinks after Ms Davies concluded that neither would be considered a ‘treat’ in the same way as a Ripple bar.
The hearing was told that RFP had initially sought to have Mars’ trademarks killed off altogether, claiming the trademark had effectively lapsed several times over the years and was no longer valid.
In the US, the companies had entered into an agreement that would allow RFP to use the name on vegan milk as long as it didn’t produce any chocolate milk.
But Mars bowed out of the deal after, it says, the vegan firm reneged when it brought out its own chocolate drink.
Lawyers for RFP who sought to claim the name altogether later softened their stance.
They conceded early in the hearing that Mars was still using it regularly on chocolate bars, dairy products, chocolate drinks and cakes.
Over the years the Ripple name has been applied to chocolate mousses, hot chocolate powder and a McFlurry ice cream dessert at McDonalds, as well as Easter eggs and Christmas selection boxes.
Mars had sought to retain the right to use the Ripple name on ice cream and frozen confectionery, but the IPO revoked them on the grounds they had not been used for more than five years. The last Galaxy Ripple McFlurry was sold in 2017.
It does, however, keep the ‘Ripple’ name for chocolate bars, cakes, milk products and drinking chocolate – so the bar lives to fight another day.
Ms Davies ruled that, while Ripple Foods had succeeded to a small degree, ‘broadly speaking Wrigley has enjoyed the greater degree of success overall.’
She ordered Ripple Foods PBC to pay Mars £3,700 in costs. The Daily Mail has contacted both firms for comment.
