English Whisky has secured protected Geographical Indication (GI) status. English Whisky now joins Scotch, Welsh and Irish whiskies as a recognised and protected whisky category.
Unlike a trade mark, which belongs to a particular owner, the GI for English Whisky / English Whiskey can be used by any English distiller which meets the product specification and passes HMRC's Spirit Drink Verification Scheme.
From a trade mark perspective, it means that trade mark applicants applying to register marks containing the words 'English Whisky' or 'English Whiskey' covering whisky goods at the UK Intellectual Property Office are now likely to receive absolute grounds for refusal objections under Sections 3(4A) and 3(3)(b) of the Trade Marks Act. The UK Intellectual Property Office will raise the objections on the basis that the mark contains a protected GI which would deceive the public if the goods were not from the geographical region.
The objections might be overcome where the applicant limits the goods covered by the application to comply with the specifications of the GI e.g. 'whisky which complies with the regulations of the Protected Geographical Indication English Whisky'.
