M&C in the news: The craft brewer’s guide totrademark ownership

In an article for the latest issue of Trademark Lawyer Magazine, Matthew Parr explores why trade mark protection should be a business priority for independent and craft breweries, arguing that relying solely on reputation and goodwill is becoming increasingly risky in a sector experiencing a rise in branding disputes. He explains that while unregistered rights can offer some protection through passing off, enforcing those rights often requires extensive evidence, making disputes costly and time-consuming. By contrast, a registered trade mark provides a clear, enforceable right that allows brand owners to protect their names and identities more effectively.

A key theme of Matthew’s article is that trade marks now extend far beyond brewery names alone. He highlights the growing importance of protecting visual brand assets such as packaging, colour schemes, typography and overall design, particularly as products compete for attention on crowded retail shelves. Matthew also warns brewers about dormant registrations that remain on the trade mark register even after businesses have closed, noting that early clearance searches and, where appropriate, non-use cancellation actions can help avoid costly problems later. His advice is clear: breweries should treat intellectual property as a core part of business strategy by registering key brands, checking new names and designs before launch, monitoring competitors and planning protection in export markets from the outset.

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