Bringing Home the Bacon – Taking Advantage of EU Protected Names
During the Year of Food, leading Belfast law firm Cleaver Fulton Rankin will be providing helpful legal articles for the Northern Ireland food and drink industry. The first of these pieces, by Associate Solicitor Michael King, covers the area of trademarking, and protected names in Europe. His particular area of expertise is contentious intellectual property law to include disputes involving trademarks, design right patents, copyright, branding, and passing off.
The quality and source of foodstuffs rather than solely their price is becoming increasingly important to consumers, who now demand to know a product’s journey from “field to fork”. In a globalised world, this can actually assist local producers – Northern Ireland produce is world-renowned, and local producers can capitalise on this reputation by promoting their brand and linking it Northern Ireland’s excellent industry.
Promoting a brand is normally done by trademarking. The owner usually registers a word and/or image. It is also possible to register colours, shapes, sounds and even smells. The owner can register in the jurisdictions in which they do business and can apply for a Community mark to cover all 28 member states of the EU.
The owner can also protect unregistered marks from copying under the law of ‘passing off.’ The ingredients for a passing off action are goodwill; reputation; misrepresentation that competing goods are connected with or endorsed by the owner; and loss, usually a decrease in trade.
In addition, with agricultural products and foodstuffs, the producer or group of producers can apply for an EU protected name. The EU currently operates three schemes; protected designation of origin (PDO), protected geographical indication (PGI) and traditional speciality guarantee (TSG).
PDOs cover agricultural products and foodstuffs produced, processed and prepared in a given geographical location using recognised know-how. UK examples are Jersey Royal potatoes and Stilton blue cheese.
PGIs cover agricultural products and foodstuffs linked to a geographical area. At least one of the stages of production, processing or preparation takes place in the specific area. UK examples are Wensleydale cheese and Cornish sardines.
TSGs highlight traditional characteristics of a product, either its composition or means of production. UK examples include Gloucester old spots pork and traditionally farm fresh turkey.
An individual producer or group within an area, can apply. If it is a single producer, they must demonstrate they are the only producer in the area associated with that product and that it differs from other products in neighbouring areas. Unfortunately, this process can take up to four years.
Protected EU names encourage diversity, protect names from misuse and imitation, and help consumers choose. They represent strong badges of origin in addition to trademarks which promote Northern Ireland produce both in Europe and internationally.
The UK has not been as enthusiastic about EU protected names as its European neighbours, having only 65. Northern Ireland only has a few PGIs; new season Comber potatoes/Comber Earlies, Armagh Bramley apples and Irish whiskey.
Scottish Beef is a PGI. Given the meat, fruit and vegetable industries in Northern Ireland, there is great potential for more EU protected names. It seems to be a resource that is underused or not well-publicised.
Local producers can capitalise on consumer demand for local, and may consider trademarking brands and applying for an EU protected name. To avoid the cost of a wasted application or objection, producers should first consult the appropriate advisor.
Please contact Cleaver Fulton Rankin on 028 90243141, or alternatively visit www.cfrlaw.co.uk
