Scotch Whisky Trade mark Registered in Australia is a Breakthrough!

 Whether you prefer single malt, grain or blended, Scotch whisky (or “Scotch”) is a drink enjoyed and cherished by many, from kings, to authors, to movie stars. It is a drink that you want to be the authentic experience. Which is why the registering of the trade mark in Australia is a great thing!

Scotch has a deeply embedded history and its very making is specified by law. To be labeled Scotch, a whisky must be distilled and initially matured in Scotland in oak barrels for at least 3 years.

Australia has the reputation of being one of the worst markets for fake ‘Scotch’. Over 40 brands of fake varieties have been found and removed by the Scotch Whisky Association since 2005.

The Scotch Whisky Association has been appealing to the UK Government and the European Commission ever since Scotch whisky was removed from Australia’s Food Standards Code in 2000.

Since then fakes have run rampant due to lack of enforcement by authorities. This has left policing the market entirely to Scotch traders.

Scotch is a major source of income for the economy and according to SWA data, Scotch whisky exports in 2013 to Australia were worth £84 million, making it the 12th largest overseas market by value. Its no wonder they have sought to protect the industry and uphold the proud tradition of Scotch whisky.

Alan Park, legal adviser at the SWA has said it is “a major breakthrough” for the industry

“I have been involved in actions against many fake ‘Scotch’ whisky products in Australia in recent years”. “Registration of Scotch whisky as a certification trade mark will make it easier to crack down on fakes and therefore protect consumers, although the onus to prevent the sale of fakes still rests on the industry.”

“It has taken time and effort to achieve this result and we would like to thank the UK Government and European Commission for their support. Scotch Whisky exports are of immense value to the economy so overseas protection is vital.”

This is a perfect example of why trade marks exist, to protect the consumer from counterfeit and fake goods and uphold the authenticity of the product being sold. So the question is…

Will you trade mark your next idea?

Popular posts from this blog

Word Marks? Logo Marks? What’s The Difference?

  So a trademark is your brand, which can be in a form of a word, picture, symbol, or a combination of these. Interestingly enough, 3D objects and sounds can also be registered aside from word trademarks and logo marks. What it does, is to seperate your brand from other goods and services that your competitors may offer. You should consider owning a trademark because it protects you and your consumers from counterfeit and fraud. Also, legal action for a trademark infringement is relatively cheap, sometimes as little as a few thousand pounds, compared to the hundreds of thousands of pounds you have to pay for an action claim of passing off in UK, same goes in the US. Trademarks allow the Trading Standards Officer or the police to criminally charge against counterfeit who use your trademark without your consent. It’s a good way to protect your hard earned good name, don’t you think? But what exactly will you register? A  word mark  registers the word itself you want to use,...
Read more

Trademark Registration dispute over Keep Calm and Carry On

Image
   WE NEED YOU! Join us to fight for the right of UK businesses to use the much loved slogan ‘KEEP CALM AND CARRY ON’ When  ‘KEEP CALM AND CARRY ON’  was used by the British Government in 1939, Britain was facing a possible invasion. Today, we are seeing the long arm of Europe encroaching on our national heritage again. The EU has granted an EU Community Trade Mark to  ‘KEEP CALM AND  CARRY ON’  meaning that only one company may use the slogan for  clothing, mugs, posters and other memorabilia. This could potentially put  many companies out of business. This is wrong and we do not believe it would have been accepted by the UK Trade Mark Registry for the following reasons: ‘KEEP CALM AND CARRY ON’  is part of the UK’s national heritage, first being used in 1939 on government posters to strengthen morale in the face of a possible German invasion Prior to the trade mark being registered, many businesses used  ‘KEEP CALM AND CARRY ON’ ...
Read more

Maintaining UK TM rights derived from EU registrations

  So as explained in an earlier post, when the UK left the EU cloned new trademarks were created at the UKIPO for owners of registered, active EU trademarks. These new trademarks have the same registration date as the EU trademark and are identical in every respect, other than the tacit assumption they were created under UK trademark law. As with any trademark, the new UK trademarks need to be maintained. Renewal of UK trademarks is required every 10 years from date of regsitration, starting from 6 months before the renewal date. If you miss the renewal date there is a 6 month grace period. Renewal in this period is essentially the same with no loss of rights though there is a penalty fee to pay. £1 for ‘late renewal’. The official fees payable to the UKIPO for renwewing a UK trademark are £200 for the first class of goods or services, and £50 for each extra class. Renewals for non UK resident owners requires a UK representative. If you would like cost effective trademark represent...
Read more