Xoxo Soda has moved to quell fears it could be forced into a name change for its gut health sodas in the UK.
The brand’s owner MF Food & Beverage last week lost a trademark ruling in the EU after the European Union Intellectual Property Office ajudged Xoxo’s name and logo were likely to take “unfair advantage of the distinctive character or the repute of” Xixo – an iced tea brand owned by Hungarian drinks company Hell Energy.
Hell Energy objected after MF Food & Beverage sought to register the trademark Xoxo in relation to all goods under a class 32 mark in the EU. Hell Energy already owned and used the registered mark Xixo under class 30 and class 32 marks – covering tea-based beverages, and non-alcoholic, fruit-based beverages, it pointed out.
Xixo was an established soft drinks brand sold in markets including Hungary, Bulgaria, Croatia, Cyprus, Portugal, Romania and Slovakia, Hell Energy said.
Moreover, it had developed a reputation based on health and sustainability credentials that had led it to “gain a position in the market of non-alcoholic drinks… traditionally characterised by intense competition”. Consumers tended to pay more for Xixo products “because they trust the quality of the ‘Xixo’ products and they are aware of the brand”, it said.
By branding its soda with a name and sign that was “suspiciously similar to the well-established and undeniably successful ‘Xixo brand’”, MF Food & Beverage was seeking to free-ride off its already established reputation, Hell Energy argued.
The names and logos of Xixo and Xoxo were “visually and aurally similar to an above-average degree”, the EU IPO acknowledged. Moreover, neither Xixo or Xoxo had meaning in relation to the goods sold, further adding to the likelihood of confusion.
Upon encountering the Xoxo brand, consumers “would inevitably make a mental connection” with Xixo, giving the brand a “competitive advantage” and “extra attractiveness” on account of Xixo’s already established reputation, it ruled.
It rejected MF Food & Beverage’s trademark application and ordered it to pay Hell Energy’s fees and costs.
Xoxo Soda EU relaunch
In European markets including Germany, the Netherlands, Belgum and Austria, Xoxo Soda was relaunched under the name Xo Soda last autumn.
The relaunch had been “very successful” and Xo Soda was “now stocked in thousands of stores across the region”, CEO and co-founder Rory Paterson told The Grocer.
“We used this opportunity to evolve the brand visually and tonally – including clearer cues on pronunciation (moving away from interpretations like ‘zozo’ toward the correct ‘ex-oh’) – while refining our packaging and messaging to better reflect the product’s identity and appeal,” he said.
There had been “no changes” to Xoxo Soda’s “trademark or brand status in the UK”, Paterson stressed. The brand therefore remained “fully covered” to trade under the name Xoxo Soda in its domestic market, he added.
Xoxo Soda – founded by Paterson and Nick Janssen in May 2023 – closed a new £4m investment round in April to support further expansion, hire more staff, and grow brand awareness.
The raise coincided with the brand’s launch into mainstream UK retail, via a nationwide listing in the Co-op.
Hell Energy has been approached for comment.
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