From Speculoos To Biscoff: A Re-branding Masterclass

As a trade mark attorney, few case studies illustrate the intersection of branding and protection strategy quite as neatly as the transformation of Lotus Bakeries' flagship product from "Speculoos" to "Biscoff". The rebrand raises a number of points that are worth exploring, particularly for brand owners seeking to future-proof their trade mark portfolios.

A brief history

Lotus Bakeries is a Belgian company with roots stretching back to 1932. Its core product is the caramelised biscuit known in Belgium and much of Europe as "Speculoos". Critically, however, the term "Speculoos" is widely regarded as generic in those markets as it describes a type of Belgian spiced biscuit rather than identifying a single commercial origin. From a trade mark perspective, this which presents a fundamental problem: a generic term cannot function as a badge of origin, and competitors are free to use it.

The strategic pivot to Biscoff

In 2020, Lotus Bakeries took the decision to rebrand globally under the name "Biscoff" (a portmanteau of "biscuit" and "coffee", nodding to the product's well-known pairing with a hot drink). The rebrand was accompanied by a distinctive visual identity centred on a specific typeface and a red-and-white colour scheme. This was not merely a marketing exercise. It was a deliberate legal and commercial strategy designed to secure trade mark protection that the generic "Speculoos

Building a robust trade mark portfolio

One of the most impressive aspects of the Biscoff story is their multi-layered approach to protecting their brand. At European Union level, they secured nine trade mark registrations including the BISCOFF word mark, supplemented by a range of three-dimensional trade marks covering the shape of the biscuit itself, the spread jar, a cream sandwich product, and a cup-and-biscuit combination. This breadth of protection demonstrates an understanding that modern brand protection extends well beyond a single word mark filing. Their strategy places them in a good position to act against competitors not only using the name itself, but also from imitating the labels, packaging etc.

The company also pursued trade mark registrations beyond Europe, filing in key territories including the United States, China, the United Kingdom, Russia, Ukraine, Cuba, and North Korea. Whilst some of those jurisdictions may raise eyebrows, the strategy reflects a commercially sensible approach: securing protection in markets where either current sales exist or future expansion (or counterfeiting risk) is anticipated.

Brand usage guidelines

One aspect of the Biscoff strategy that I find particularly instructive is their issuance of clear brand usage guidelines that prescribe how the Biscoff name and logo should be used, including the mandatory use of the ® symbol alongside the mark, and a prohibition on modifying the logo or visual elements. As inconsistency breeds vulnerability, this ensures that licensees, distributors and business partners understand exactly how the trade mark should be presented. Too many brand owners neglect this step, and it can prove costly when enforcement becomes necessary. The ® symbol serves a dual purpose: it puts third parties on notice that the mark is registered, and it acts as a deterrent against potential infringement.

Guarding against trade mark genericisation

Perhaps the most compelling lesson from the Biscoff story is the risk of trade mark genericisation, which occurs when a trade mark becomes so widely used as a common product name that it ceases to perform the function of a trade mark as an indicator of commercial origin. History offers cautionary tales: terms like "escalator", "aspirin", and "thermos" were all once protected trade marks that fell victim to their own success. This is one of the great paradoxes of trade mark law: the more successful a brand becomes, the greater the risk that its name enters common parlance and ceases to function as a trade mark, if not properly monitored. The Speculoos-to-Biscoff transition is, in many ways, a textbook response to this risk. By moving away from a term that had already become generic in many markets, Lotus Bakeries effectively sidestepped the problem entirely. The new name, Biscoff, is inherently distinctive and its consistent use across all territories strengthened the trade mark's capacity to distinguish the company's goods from its competitors.

The colour mark challenge

It is also worth noting that not every aspect of Biscoff’s protection strategy succeeded. They attempted to register its red-with-white-border colour trade mark, which the Court of Justice of the European Union ultimately refused on the ground that the combination lacked distinctiveness, observing that red and white are commonplace in the food sector. This serves as a useful reminder that colour marks remain notoriously difficult to register, and brand owners should manage their expectations accordingly, whilst also exploring alternative routes to protection, such as passing off or unfair competition claims where available.

The role of social media

No discussion of modern branding would be complete without acknowledging the role of social media. Biscoff has built a considerable following on social media, where user-generated content featuring the product has proliferated. From a trade mark perspective, this kind of organic brand engagement is double-edged: it builds enormous brand recognition, but it also increases the risk of the brands being used loosely or descriptively by consumers. Brand owners should monitor social media usage closely and take steps to ensure that their marks are being used correctly, even in informal contexts.

Key takeaways for brand owners

• Choose your brand name carefully. A distinctive, coined term will always be easier to protect than a descriptive or generic one. Before investing in a name, take legal advice on whether that name is capable of functioning as a trade mark. A name that merely describes the product or has become the common word for it will not serve as a reliable brand asset. If your current brand name is at risk of becoming generic, consider whether a strategic rebrand might be appropriate.
• Build a layered portfolio. Do not rely solely on a single word mark. Consider three-dimensional marks, figurative marks and other non-traditional marks to create overlapping layers of protection. If one layer of protection is challenged or falls away, others remain in place. Think globally from the outset. File trade mark applications in all territories where you sell or plan to sell. Filing strategies can also be driven by defensive considerations, such as in markets where commercial activity may be limited, but you may face a counterfeiting risk.

Issue and enforce brand guidelines. Clear use guidelines for licensees, distributors and business partners are essential to maintaining the distinctiveness of your marks. Mandate the use of the ® symbol and prohibit unauthorised modifications of your brands and logos.

• Monitor for genericisation. Actively monitor and police how trade marks are used, not only by competitors, but in the media, by consumers and on social media platforms. If your trade mark is being used as a common noun or verb, take swift corrective action before it is too late.
• Engage with social media proactively. Embrace the brand awareness that social media generates but monitor platforms for misuse of your marks and have a strategy for addressing informal or descriptive use by consumers.
• Manage expectations with non-traditional marks. While non-traditional trade marks can be a vital element of brand identity, it should not be relied upon as the cornerstone of a trade mark strategy without a realistic assessment of the prospects of registration. These trade marks face a high evidential threshold. Be prepared for refusals and have alternative protection strategies in reserve.
• A rebrand is not merely an exercise in aesthetics. If you are considering a rebrand, engage your trade mark attorneys early. It is an opportunity to shore up your legal position and to build a portfolio of rights that is defensible.

The journey from Speculoos to Biscoff is a compelling example of how trade mark strategy can transform a brand's legal position. It is a reminder that trade mark protection is not a once-off filing exercise, but an ongoing strategic endeavour that demands careful planning, consistent execution and vigilant enforcement which ultimately shapes the commercial destiny of a business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.