Heinz has moved to block Boulder Brands' registration of its Smart Balance trademark for frozen foods.

Boulder was granted approval by the Trademark Trial and Appeal Board (TTAB) to use its Smart Balance brand, which currently operates in the challenging US spreads category, for frozen foods in March. However, in a filing with the Pennsylvania Western District Court this week, Heinz argued that Smart Balance is "confusingly similar" with its own Weight Watchers Smart Ones trademark.

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A spokesperson for Heinz told just-food: "The HJ Heinz Company filed a lawsuit against Boulder Brands appealing the Trademark Office’s decision to grant Boulder Brands’ trademark application for the mark Smart Balance for frozen appetisers, entrees and desserts. While we don’t comment on pending litigation, Heinz stands strongly behind its position."

In the court documents, the US condiments giant insisted that the use of Smart Balance on frozen products could "confuse" or "deceive" consumers. Heinz said that the similar name could potentially cause shoppers to assume some affiliation between Boulder's Smart Balance and Heinz.

Heinz suggested that the TTAB failed to take into account the brand recognition that Smart Ones benefits from when it issued approval for Boulder's Smart Balance in the frozen category. "The Smart Ones marks are some of the most famous trademarks in the frozen category. The TTAB erred by not giving proper weight and consideration to the strength of the Smart Ones marks."

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The presence of Smart Balance in the freezer aisle is "likely" to "deceive the purchasing public", Heinz concluded.

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just-food was unable to contact representatives for Boulder at time of press.