A United States-based vegan milk producer has been unsuccessful in its attempt to cancel the trademark for Mars' iconic Galaxy Ripple chocolate bar, a favourite in Britain for over five decades.
The Transatlantic Trademark Clash
California company Ripple Foods PBC, which makes a dairy-free milk alternative from peas, initiated a legal challenge against confectionery giant Mars in 2022. The firm argued that the 'Ripple' trademark was no longer in active use, which would have allowed it to sell its own products in the UK under the same name.
Mars, trading as Mars Wrigley Confectionery UK, mounted a robust defence. The company presented compelling evidence that it had continuously sold the Galaxy Ripple bar since its launch in 1969. Furthermore, Mars counter-filed to have Ripple Foods' own trademarks, registered in 2018 under a previous agreement, revoked.
IPO Ruling Protects a British Favourite
The UK's Intellectual Property Office (IPO) has now ruled decisively in favour of Mars. Hearing officer Leisa Davies concluded that consumers could mistakenly believe products from the vegan firm were part of the established Galaxy Ripple range. This association would have given Ripple Foods an unfair competitive advantage by linking it to the hugely popular treat.
Mars submitted sales data showing that, on average, more than £22 million worth of Ripple bars were sold annually in the UK between 2017 and 2021. The company also demonstrated the brand's use on cakes and hot chocolate products.
While Ripple Foods does not currently sell its pea milk in Britain, the IPO's decision means it will have to adopt a different name if it ever enters the UK market. However, the ruling does permit the US firm to use the 'Ripple' name for vegan cheese and protein drinks, as these were not considered direct 'treat' competitors to the chocolate bar.
Fallout from a Broken Deal
The dispute has its roots in a prior agreement between the two companies in the US. That deal allowed Ripple Foods to use the name on its vegan milk, provided it did not produce a chocolate-flavoured drink. Mars stated it withdrew from this arrangement after the vegan firm reneged by launching its own chocolate drink.
During the UK hearing, lawyers for Ripple Foods initially sought to have Mars' trademarks completely cancelled but later softened their stance. They conceded that Mars was actively using the 'Ripple' name on a variety of products.
The IPO did partially uphold one of Ripple Foods' claims. Mars lost the right to use the 'Ripple' trademark on ice cream and frozen confectionery, as it had not been used on such items for over five years—the last Galaxy Ripple McFlurry was sold in 2017.
Ultimately, the IPO ordered Ripple Foods PBC to pay Mars £3,700 in costs. Hearing officer Davies stated that while Ripple Foods had succeeded to a minor degree, "broadly speaking Wrigley has enjoyed the greater degree of success overall." The Galaxy Ripple bar, a staple of British sweet counters since the 1960s, lives to fight another day.
