Heinz frozen food trademark dispute shows no sign of thawing

On May 26, food manufacturer Heinz has filed a complaint at a US court in its attempt to have two ‘Smart Balance’ trademark applications owned by Boulder Brands rejected.

Heinz owns ‘Smart Ones’ trademark registrations, which it uses for its Weight Watchers ready meal products. Heinz sold the Weight Watchers unit in 1999, but retained a licence to the Smart Ones brand.

Heinz had instituted opposition proceedings at the Trademark Trial and Appeal Board (TTAB) in 2010 against both Boulder’s applications. Heinz acquired the trademarks from ProMark during the opposition proceedings.

The TTAB consolidated both oppositions in 2011. On March 27, 2015 it ruled that the ‘Smart Ones’ brand is unlikely to be diluted by or confused with the ‘Smart Balance’ applications.

In the latest complaint, Heinz stated: “The ‘Smart Ones’ marks are some of the most famous trademarks in the frozen food category. The TTAB erred by not giving proper weight and consideration to the strength and fame of the ‘Smart Ones’ marks and the evidence of substantial advertising, use, consumer recognition, marketing and sales.”

A spokesperson for Heinz said that while its policy is not to comment on pending litigation, the company "stands strongly behind its position".