ARTICLE
16 April 2024

A Scottish Twist On Mexico's National Drink

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Marks & Clerk

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Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
What do Tequila, Scotch Whisky, Champagne and Cognac all have in common? Aside from being tipples that some might like to enjoy from time to time, they are all protected as geographical designations.
Worldwide Intellectual Property
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What do Tequila, Scotch Whisky, Champagne and Cognac all have in common? Aside from being tipples that some might like to enjoy from time to time, they are all protected as geographical designations. In order for products to be called by these names, they must be made to specific requirements in Mexico, Scotland and France. If they have been made elsewhere, they would simply be called 'agave spirit', 'whisk(e)y', 'sparkling wine' and 'brandy'.

Trade agreements between countries and regulations ensure that this is adhered to. This is important for producers that take the time and effort to ensure their products meet the requirements to enable them to call their product, for example, tequila. However, as is the case for Dark Arts Distillery's agave product, these types of products can still be made, marketed and sold - albeit under a different name.

This is where branding is important. Dark Arts Distillery have protected their new product with a trade mark for the brand, VESPERO. They may be unable to specifically call it tequila, given it is distilled and bottled in Scotland, but they can instead capitalise on the brand they have created, as well as the fact the spirit is completely produced in Scotland, with a little Mexican influence!

If you're looking for Scotland's first tequila, you won't find it under that name.

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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.

ARTICLE
16 April 2024

A Scottish Twist On Mexico's National Drink

Worldwide Intellectual Property

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
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