UK trademarks for spirits jump 84% in five years: report
The number of trademarks registered for spirits and liqueurs in the UK has increased by 84% over the last five years, according to figures released yesterday by professional services firm RPC.
In 2017, 2,210 trademarks were registered for those categories in the UK, compared to just 1,199 in 2013. The 2017 total increased by 41% compared to the figure from 2016, when 1,570 marks were registered.
Ben Mark, legal director at RPC, said brands are “rushing” to register their trademarks for spirits and liqueurs as the industry is going through a period of rapid innovation. For example, RPC reported, 39 new gin distilleries were opened in the UK last year.
Jeremy Dickerson, partner in Burges Salmon’s Bristol office, told WIPR that the spirits market is booming as more fashionable drinks are on the market.
Mark suggested that the increase is due to brands and supermarkets expanding their product lines by releasing their own artisan-style spirits. Many are also experimenting with flavours or launching limited runs of products, he added.
This is a departure from previous practices, when companies would concentrate their marketing spend on a few core brands or products, Mark added.
“More products inevitably means more trademarks,” he explained.
However, RPC said that the rise in the number of spirit brands in the UK indicates that there are likely to be more IP disputes in this area.
Dickerson noted that “where there are more marks, there are more products and potential copyists or counterfeiters, so you would expect to see those claims rise”.
Already this year there have been a number of IP disputes in the alcohol industry, as reported by WIPR.
In February, the UK Intellectual Property Office (IPO) denied Bacardi’s application to register whisky trademark ‘Angel’s Envy’. Bacardi had applied to cover North American whisky, but La Fée, a distiller and manufacturer of absinthe, claimed that Bacardi’s application was too similar to its own mark ‘Envy’.
It’s not just spirits and liqueurs that are at the centre of the disputes, either.
At the start of the year, Scottish brewery BrewDog won a trademark fight with the estate of Elvis Presley over the use of the word ‘Elvis’ on one of its beers. The IPO said that although the name Elvis may have connotations to Presley, the name is not exclusive to the late singer.
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