The strategic value of trade mark protection for branded merchandise

The Spirits Business has recently published an article highlighting the importance of branded merchandise in the drinks industry. Branded merchandise enables drinks companies to transform their product from just a liquid into a lifestyle brand. For the drinks industry, consumers are most likely to be exposed to the product and brand when they are consuming it and branded merchandise provides the opportunity for exposure any time and anywhere.

In the context of drinks companies, it is very likely they will have their trade marks protected in classes 32 and 33, the main classes for alcoholic beverages. Many drinks companies will also seek protection for their brands in relation to clothing (class 25), printed materials and stationery (class 16) and bags (class 18). In pursuit of both memorability and sustainability, merchandise offerings are becoming increasingly creative and considered, with items such as power banks (class 9), reusable bottles (class 21) and matches (class 34) noted as being popular choices beyond the usual t-shirts, tote bags and pens.

Where brands produce branded merchandise, appropriate trade mark protection is therefore really important. This is two-fold; having the necessary trade mark protection enables brand owners to place their name or logo on other products but it also enables them to prevent others from doing the same. Being able to allege trade mark infringement can be a really useful tool when dealing with any unauthorised use of a brand, particularly where that use may be in relation to consumer products. In addition, having a broad and comprehensive trade mark portfolio is really valuable and can help pave the way in terms of brand collaborations and brand exposure to new consumers. 

It is therefore worthwhile identifying an appropriate trade mark protection strategy to take into consideration all current and possible future uses of a brand. Putting full protection in place at the relevant time, and ensuring all relevant products and interests are cleared during any pre-filing searching, are also important considerations if brand owners want to ensure their brand and products can grow beyond their core offering. 

In the drinks industry, retail merch is a big deal. When done right, it can be extremely lucrative – and not just from a revenue perspective.

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