Scotch Whisky Association reveals trademark battles

The trade body that protects the Scotch Whisky industry has opposed more than 100 bogus trademark applications in the last year, according to its annual report.

In the document, released by the Scotch Whisky Association (SWA), it said it had been forced to object to 103 registrations around the world, with India and China a particular problem.

The SWA made 19 trademark objections in India and 17 in China.

Many of the applications included the word “glen”, which the SWA claimed is “suggestive of Scotland”.

As well as ensuring protection against trademark registrations, the SWA also monitors jurisdictions to ensure the whisky produced there adheres to its legal definition of the product.

The report said an “extremely worrying” amount of whisky in India that does not adhere to its official definitions was being exported to the European Union (EU).

“The majority of it [whisky] is mixed with other whiskies and is sold by supermarkets at extremely low price … described simply as ‘Blended Whisky’”, the report said.

“These products undercut all genuine whiskies, including Scotch whisky, Bourbon and Irish whiskey. Their sale is unfair competition against genuine whisky producers,” it added.


However, the report also revealed that an application to register Scotch Whisky as a Geographical Indication (GI) in Russia was being examined and would “hopefully” be registered during the course of the year.

GI is a name or sign on a product that ensures it is from a certain country or region. The SWA currently has specific GI protection in more than 10 countries, as well as the EU.

Last month, WIPR reported that Scotch Whisky had been successfully registered as a certification trademark in Australia, giving it extra protection in the fight against counterfeit products.

Last year WIPR interviewed Alan Park, legal advisor at the SWA, about his work and the organisation’s fight to protect its name.

As well as China and India, the SWA also opposed multiple applications in Nepal, Nigeria and South Africa.