Nestlé’s Smarties Prevail in Trademark Dispute Against SmartSweets in UK
Nestlé has successfully defended its iconic Smarties brand in a trademark dispute against Canadian candy company SmartSweets, following a ruling by the UK Intellectual Property Office (IPO) that dismissed SmartSweets’ opposition to two of Nestlé’s UK trademark applications.
The trademark conflict arose as Nestlé sought to register two new word marks incorporating “SMARTIES,” prompting opposition from SmartSweets, which argued that the marks were too similar to its own brand and could mislead UK consumers, particularly in the low-sugar confectionery segment where both companies operate.
The IPO found that, despite both companies selling sweets and targeting health-conscious consumers — including parents looking for low-sugar options — the branding differences were sufficient to prevent confusion. Nestlé’s use of “SMARTIES” was distinctly associated with its long-established product and brand identity. The ruling stated that the shared use of the word “SMART” was not enough to convince the IPO of a likelihood of confusion or brand dilution.
SmartSweets, founded in 2016, has built a niche presence in North America with a strong focus on reduced-sugar gummies, aiming to position itself as a healthier alternative in the confectionery space. Nestlé’s Smarties, on the other hand, are a staple in the UK and European markets, widely recognized and distinctly colorful chocolate lentils sold for decades.
Although SmartSweets argued that consumers might associate its name with a sub-brand of Smarties, especially given the “SMART” prefix and overlapping product categories, the UKIPO emphasized the longer market history and regional dominance of the Smarties brand. It concluded that “SmartSweets” would more likely be seen as an independent, health-focused brand rather than an offshoot of Nestlé’s offering.
For FMCG stakeholders, the decision underscores the importance of brand heritage and consumer recognition in trademark rulings — particularly in crowded categories where innovation around health trends, such as sugar reduction, often leads to brand naming overlap. Companies entering new markets must navigate local trademark landscapes carefully and differentiate clearly to avoid infringing on legacy brands.
The ruling marks a critical win for Nestlé in protecting one of its best-known confectionery assets, while serving as a cautionary tale for emerging brands looking to expand internationally under potentially overlapping monikers.