Gin has been around for more than 1,000 years, but there's never been a better time to be a gin drinker. To celebrate World
Gin is a smooth spirit distilled from the berries of the Juniper tree and its origins can be traced back to an older drink from
Gin renaissance
In 2019, gin was announced as the
The number of
Product diversification
In addition to these new producers entering the market, long term players have found ways to diversify and retain their market share by introducing new flavours, ready-to-drink products and alcohol-free versions.
Beefeater Blood Orange and Pink have grown into best sellers, although Beefeater Dry has not shared that trajectory; in fact, it's been overtaken by Hendrick's. Eight variants currently feature in Gordon's line-up, including Sicilian Lemon, Mediterranean Orange, White Peach, Spot of Elderflower (possibly not the most enticing product name ever), Sloe and Premium. The
Both Gordon's and Tanqueray have also introduced a 00, alcohol free, version of their popular gins. Since, by definition, gin is an alcoholic liquor technically these goods are not 'gin' and sit alongside other non alcoholic 'spirits' such as Ceder's, in stores and consumer's choices.
The launch of seasonal products, such as
The popularity of gin has led to various collaborations taking place, including between manufacturers and football clubs. For example,
This strategy of collaboration and diversification has successfully maintained the momentum of the early years of the gin boom, broadening the sometimes narrow appeal of the traditional spirit and embracing new consumption occasions and opportunities. However, these developments in the gin industry also present IP challenges to brand owners.
Intellectual property considerations
Should trademark protection be sought for every variation of your branding and label, across a full range of flavoured products, or is it sufficient to protect only your core brand? Ultimately, this will depend on the anticipated longevity of the branding and success of the product, and whether that justifies investment in protecting it in its own right.
Similarly, should design protection be sought for all shapes and sizes of bottles used, or is it only worthwhile to have protection for the shape of your longstanding products? This is only likely to be relevant where features of the bottle are striking and unusual and differentiate it from others on the market.
Furthermore, as a brand evolves, attention must be given to the goods listed when filing trademark applications to ensure that manoeuvres into the non-alcoholic and ready-to-drink arena are covered by corresponding specifications, by including Class 32 rather than just the traditional goods in Class 33 in applications. Avoid infringing any earlier rights in this area by conducting clearance searches.
Enforcement
Consideration must also be given to the strategy adopted when protecting the branding of sub-brands and seasonal items.
This case may ultimately settle, but how much should a business invest in enforcing intellectual property rights in a seasonal or limited edition product?
Collaborations
Where collaborations are happening between gin manufacturers and celebrities or other businesses, which party should seek protection for the branding used? Where the name of an existing brand is being used on new products, the brand owner may need to review its current protection for the trademark to check that it covers these new products. It might also be appropriate to have a licence agreement in place to protect the interests of both parties, even if the collaboration is only for a limited period, or even a single event.
The choice and quality of goods on the market, and its ever evolving nature, is a challenge for brand owners in respect of IP, who have to keep up with a growing product range.
Get in touch with our trademark experts for further advice on protecting gin and spirits brands.
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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