- in Europe
- in Europe
- in Europe
There’s something reassuring about a hand-pulled pint in a proper pub. Solid name on the pump clip, bit of local pride, job done.
Unfortunately, the legal reality behind that name is getting less reassuring by the year.
Across the drinks sector, trade mark disputes are on the rise, and they’re not just aimed at the big boys. Independent breweries, including those steeped in cask ale tradition, are increasingly finding themselves on the receiving end of challenges. Sometimes it’s a similar name. Sometimes it’s the label. Sometimes it’s a business from a completely different sector deciding it quite fancies a go at beer.
Either way, the days of “we’ve always called it that, so we’ll be fine” are well and truly numbered.
Reputation is fantastic…until you have to prove it
In the UK, plenty of breweries still rely on unregistered rights and goodwill. That can work because passing off is alive and well, but it’s not exactly a quick or cheap fix. You’re into voluminous evidence, witness statements, trading history (and more) and suddenly what felt like a straightforward dispute turns into a full-blown expensive project.
On the other hand, a registered trade mark puts you on the front foot. It gives you something concrete to enforce, rather than having to explain at length why customers know and trust your brand.
Or, to put it in plainer terms, it’s the difference between having your name on the pump clip and having to explain why it should be.
It’s not just the name anymore
If you think trade marks are just about names, I’ve got some news for you. These days, arguments are just as likely to centre on how things look. Colour schemes, fonts, layout, and overall “vibe” are all fair game. Particularly in the cask world, where heritage styling is part of the charm, this creates overlap whether you like it or not. If you move into cans or bottles, it gets even tighter. Suddenly you’re on a supermarket shelf next to fifty other designs all trying to shout louder than the next one. That’s where similarity becomes a problem very quickly.
The ‘spooky’ register
It’s a slightly frustrating quirk of the system that the UK trade mark register is full of brands that aren’t really in use anymore. It’s full of ghosts! Breweries close, merge, and rebrand but the marks often hang around like that one chap at the end of the bar who said he was leaving an hour ago. The good news is that unused marks can be cleared. Non-use cancellation is a well-established route before the UK Intellectual Property Office. The less good news is that it needs to be done properly, or you risk wasting time and money for no real gain.
So, what should breweries actually be doing?
Nothing overly dramatic, but definitely something:
- Lock down your core brands with professionally registered trade marks
- Check new beer names and designs before they go anywhere near a pump clip or can
- Always keep an eye on what competitors (and non-competitors) are doing
- Don’t assume an old mark on the register is untouchable and don’t assume an unregistered mark is all yours
- Consider expansion beyond the UK. If a great opportunity arises to export, you want to be sure your brand can be used abroad and can be protected through local registration
- Most importantly, treat all of this as part of running the business
If you’d rather not wrestle with this yourself, I spend a lot of time in this space, acting for drinks brands, dealing with disputes, clearing brands, and, when necessary, having the conversations that stop problems getting bigger. If you’re launching something new, expanding beyond the cask or keg into packaged formats, or just wondering whether your current set-up would stand up to scrutiny it’s definitely worth a chat.
As much as we all enjoy a good pint, sorting out a trade mark dispute after the fact is a bit like finding out the beer’s off after you’ve pulled the pint….avoidable, but only if you check things properly in the first place.
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.
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