The Courier & Advertiser (Fife Edition)

Bid to register St Andrews as trademark turned down by EU body.

BRAND: Ruling rejects links bosses’ bid to capitalise on golfing connection to town

- AILEEN ROBERTSON arobertson@thecourier.co.uk

A bid by golf course bosses to register the name St Andrews as a trademark has been thrown out by European intellectu­al property officials.

St Andrews Links wanted the name of the Fife coastal town to be protected in a move to stop other companies around the world branding their products with the moniker.

But having had its applicatio­n to the European Union Intellectu­al Property Office (EUIPO) turned down in 2016, an appeal against the decision has now been dismissed by the EU General Court in Luxembourg.

St Andrews Links commercial director Danny Campbell said: “We have a very strong trademark portfolio for St Andrews in key classes for golf-related goods and services within the EU and throughout the world.

“We are committed to ensuring our customers’ experience is not compromise­d by other parties who try to profit by using our brand.

“That work continues alongside many stakeholde­rs who share in our commitment to protect the global reputation and renown of St Andrews as the home of golf.”

According to official documents, the appeal board argued that “the expression ‘St Andrews’ referred, above all, to a town known for its golf courses though not particular­ly for the manufactur­ing or marketing of clothing, footwear, headgear, games and playthings.”

The court said EU and UK law generally excludes the registrati­on of geographic­al names as trade marks “where they designate specified geographic­al locations which are already famous, or are known for the category of goods or services concerned.”

It was also said that in addition to St Andrews Links’ golf courses, there were “several other major golf courses which lay claim to part of the heritage of St Andrews”.

The court concluded that “the applicant’s single plea in law must be rejected as unfounded and the action thereby dismissed in its entirety”.

Campbell Newell, a partner at Edinburgh-based intellectu­al property services Marks and Clerk’s, said: “Generally, geographic­al place names should remain free for bona fide usage because positive associatio­n between a place name and a mark may potentiall­y influence a consumer.

“There are many Scottish whisky brands named after places, and there isn’t a blanket ban on registerin­g place names, but it is necessary to establish an element of distinctiv­eness in the way the name is understood by the relevant public, as denoting a brand and not merely a location.”

 ??  ??
 ?? Picture: Getty. ?? The Old Course at St Andrews is the stuff of legend in the golfing world.
Picture: Getty. The Old Course at St Andrews is the stuff of legend in the golfing world.

Newspapers in English

Newspapers from United Kingdom