Britvic Secures Partial Win Against Shrub Club Mark

The EU Intellectual Property Office has ruled in favour of Britvic in an opposition against a Norwegian syrup maker’s application to register “Shrub Club” for soft drinks and related goods. Britvic, owner of the long-established “Club” range of carbonated beverages popular in the UK and Ireland, argued successfully that the marks were similar and covered identical or highly similar products, creating a likelihood of confusion among consumers. The opposition succeeded in part, blocking the application for certain classes while allowing limited registration in others. The decision highlights the strength of established beverage marks when evidence of use and reputation is presented to the registry. Registry proceedings of this kind remain a cost-effective route for brand owners seeking to protect core marks without immediate court action.

Small businesses should monitor similar marks in their sector and consider filing oppositions promptly where confusion risks arise.