Launching a new drinks brand involves much more than developing the product itself. Founders may invest considerable time and money in a name, logo, packaging, labels, website, manufacturing and marketing before the first product reaches a customer.

One question is therefore worth considering relatively early: can you use and protect the brand name you are building around?

In this article: when drinks founders should think about trade marks, why Companies House and domain availability are not enough, searching before launch, Classes 32 and 33, word marks and logos, overseas plans, and common mistakes to avoid.

When should a drinks founder think about trade marks?

Ideally, trade mark considerations should begin once you have a serious candidate for the brand name, but before substantial expenditure is committed to branding, packaging and launch.

A typical development journey may involve the product concept, a proposed name, brand identity, packaging design, trial production, manufacturing and launch. The precise order varies from business to business, but it is usually better to investigate the trade mark position while there is still flexibility around the name.

Discovering a potentially serious earlier-rights issue after bottles, cans, labels or other packaging have been produced can be considerably more disruptive than identifying it while several possible names are still being considered.

Is registering a company name enough?

No. Registering a company at Companies House is not the same as obtaining trade mark protection, and the availability of a company name does not establish that the name is free from earlier trade mark rights.

The same caution applies to domain names and social-media handles. Securing a domain or username can be commercially useful, but it does not by itself establish that the proposed brand is available to use or register as a trade mark.

Our guide on trade marking a business name in the UK explains the distinction in more detail.

Should you search the drinks brand name before launch?

It is sensible to consider clearance before committing substantial investment to a proposed brand and, ideally, before filing the trade mark application.

A search should not necessarily stop at finding out whether an identical mark exists. Earlier marks with similarities in their wording, sound, appearance or overall impression may also require consideration, particularly where the respective goods or services are identical or related.

A professional Trade Mark Search can help identify potentially relevant earlier registered rights and assess them in the context of the proposed brand and commercial plans. Depending on the circumstances and the level of investment, potentially relevant unregistered use may also merit investigation.

Finding an earlier mark does not automatically mean that a proposed drinks brand cannot proceed. The similarity of the marks, the goods and services involved, the scope and status of earlier rights and other circumstances all need to be considered.

What trade mark class does a drinks brand need?

There is no single class covering every drinks business.

For example, Class 32 includes beers and various non-alcoholic beverages, while Class 33 covers many alcoholic beverages other than beers. The correct classification depends on the actual products for which protection is sought.

Classification should not be treated simply as choosing a class number. A trade mark application must contain a specification identifying the goods and services covered by the application, and that wording helps define the scope of protection.

A founder developing a spirits brand, a non-alcoholic functional drink, a beer brand and a business operating retail or hospitality services may therefore require different considerations.

Do drinks brands automatically need Class 35?

Not necessarily.

Class 35 includes various business, advertising, retail and wholesale services, but selling your own branded goods does not automatically mean that every drinks brand needs a separate Class 35 filing.

The appropriate specification should reflect the business’s genuine commercial activities and intended use. Adding classes without a clear reason can increase filing costs and may create unnecessary complexity.

Professional assistance with Trade Mark Registration can help ensure that the specification is aligned with the actual launch and commercial plans.

Should you register the drinks brand name or the logo?

The answer depends on what needs protecting and how the brand is being developed.

A word mark is directed to the wording itself rather than one particular visual presentation. That can be valuable where the name is the core identifier that will continue to be used even if packaging or graphic design changes over time.

A logo or other device mark may also deserve separate protection where the visual identity is commercially important. Some businesses ultimately protect both, but the appropriate filing strategy will depend on clearance, budget, the distinctiveness of the elements and the way the brand will actually be used.

Can you apply before the drink is on sale?

You do not necessarily need to wait until commercial launch before applying for a UK trade mark.

For a founder preparing branding, packaging, manufacturing and marketing, filing before launch can form part of the wider brand-protection strategy. However, speed should not replace proper consideration of clearance and specification.

Filing an application first and investigating potentially relevant earlier rights afterwards can leave the business dealing with avoidable uncertainty at exactly the point when it is committing money to the launch.

What if you plan to sell outside the UK?

A UK trade mark protects the mark in the UK. If the business expects to enter the European Union or other international markets, the filing strategy may need to take those territories into account.

That does not necessarily mean filing in every possible country at the beginning. The right approach can depend on where the product will actually launch, manufacturing and distribution plans, commercial priorities, available budget and the timing of any overseas expansion.

Thinking about those markets early can nevertheless help avoid building an international launch around a name that later proves difficult to protect in an important territory.

What if someone already owns a similar drinks trade mark?

An earlier similar mark needs analysis rather than an automatic assumption that the proposed brand must be abandoned.

Relevant considerations can include the similarity between the marks, the goods and services covered, the distinctiveness of the earlier mark, its status and, in some circumstances, the extent to which an older registration has actually been used.

If an application is challenged, our information on Trade Mark Opposition explains the type of issue that can arise. It is generally preferable, however, to identify significant risks during clearance rather than after substantial launch expenditure has been committed.

Common trade mark mistakes when launching a drinks brand

Problems often arise not because founders ignore intellectual property altogether, but because it is considered too late or on the basis of incomplete checks.

• → Committing heavily to a name before carrying out appropriate clearance.
• → Assuming Companies House, a domain name or a social-media handle means the brand is legally available.
• → Searching only for an identical name and overlooking potentially relevant similar marks.
• → Approving packaging or labels before understanding the trade mark position.
• → Choosing classes without considering the actual goods and services.
• → Adding classes simply because they appear commercially related, rather than because they match the intended protection.
• → Assuming a UK registration automatically protects the brand overseas.
• → Treating registration as the only issue and overlooking potentially relevant earlier unregistered rights.

A practical pre-launch trade mark checklist for drinks founders

Before committing significant investment to a new drinks brand, consider the following questions:

• → Have you settled on a serious candidate for the brand name?
• → Have potentially relevant earlier trade marks been checked?
• → Do you know exactly which drinks and other goods or services the brand will cover?
• → Have you considered whether the word mark, logo or both require protection?
• → Are packaging, labels or marketing being developed before the clearance position is understood?
• → Which countries are genuinely important to the launch and near-term expansion?
• → Does the filing timetable fit the commercial launch plan?

Considering these questions early can make trade mark protection part of the launch process rather than something addressed only after the brand is already committed to the market.

How Corpinal IP can help

Corpinal IP advises businesses and founders on trade mark clearance, registration and brand protection. For a new drinks brand, the appropriate work may include assessing the proposed name, identifying potentially relevant earlier rights, advising on the specification and classes, and developing a filing strategy that reflects the planned launch.

If you already have a proposed drinks brand name, we can discuss where you are in the development process and what level of clearance or filing work may be appropriate.

Preparing to launch a drinks brand? Contact Corpinal IP to discuss the proposed name and next steps.

This article provides general information only and does not constitute legal advice. Trade mark clearance, classification and filing strategy are fact-specific, and professional advice should be obtained for individual circumstances.