US-based Kraft Food Group gets relief from IPAB

IPAB removes trademark Mello Jello owned by Mumbai-based firm on rectification application filed by Kraft Foods

The Intellectual Property Appellate Board (IPAB) has ordered the Trademark Registrar to remove the trademark Mello Jello, owned by a Mumbai-based firm. This comes as a relief to the US-based Kraft Food Group LLC, which owns Jell-O, a dessert brand valued over $100 million. The company has filed a rectification application with the IPAB and the order comes on this application.

According to information available with the trademark registry, Manohar Sharma, trading as Frostee Ice Cream, has filed the application for trademark for its label Mello Jello for its ice cream in Class 30 of the Trade Mark Classification, in February 2009 and the registration certificate was issued on March, 2011. Class 30 in the classification include food items including ice cream, confectioneries and bakery items.

Kraft Foods, a consumer packaged goods major in North America, filed a rectification application with the IPAB to remove the trade mark from the Trade Mark Registry.

When the matter came up for hearing in the IPAB recently, the Board observed that the owner of Trade Mark has taken a specific stand "to the effect they are withdrawing the impugned trade mark". The bench, comprising of IPAB Chairman Justice K N Basha and Technical Member (trademarks) Sanjeev Kumar Chaswal, disposed the rectification application.

"In view of the above said circumstances, and the above said categorical statement of the respondent which we have incorporated earlier, we are directing the Registrar of Trade mark, Mumbai to remove or delete the impugned Trade mark as per application number 1785553 in class 30 under certificate certificate number 976399 dated March 16, 2011, within a period of four weeks from the date of receipt of the order," said Justice K N Basha.

According to the information in the public domain, Kraft Food Group owns a brand Jell-O which include offerings of gelatin among others.