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Brewdog in Doghouse

In a recent UK opposition decision.  Brewdog have been denied trade mark registration for BREWDOG DOGHOUSE for brewing services and crucially, hotel accommodation services.  Crucial because Doghouse is the name of the brand’s hotel in the US and according to many news reports, UK hotels are planned.

Brewdog filed a UK trade mark application for BREWDOG DOGHOUSE which was then opposed by Doghouse Distillery Limited on the basis of its earlier registration for:

 

The Hearing Officer concluded that the marks were at least similar to a medium degree and that some of the goods and services applied for by Brewdog were similar and so there would be a likelihood of confusion.  As a result, Brewdog have had their application limited, and have been ordered to pay Doghouse Distillery costs of £328.  Brewdog can appeal the decision and this seems likely given how crucial the name appears to be to their brand expansion.

Brand owners should consider their trade mark strategy in all countries of interest prior to launch.  Much of the evidence submitted by Brewdog relied on their use of the name pre-dating Doghouse Distillery’s trade mark, however they neither opposed Doghouse Distillery’s application, nor applied to cancel the registration (yet).  Had they applied for trade mark protection before their claimed first use date in October 2015, it would have pre-dated Doghouse Distillery’s trade mark which was not filed until August 2016.  There are still things Brewdog can do to try and clear the way for their planned use of Doghouse for a hotel in the UK but not without further headache and cost. 

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The United Kingdom's Intellectual Property Minister Sam Gyimah announced on World IP day, 26 April 2018, the ratification by the UK of the Unified Patent Court (UPC) Agreement. The UPC agreement also implements the Unitary Patent, a single EU Patent that will be available to applicants via the European Patent Office. The UPC and Unified Patent offer many advantages to patent holders including reduction in translation and renewal costs and simplified and streamlined litigation.

Alexander Ramsay of Sweden, who chairs the UPC Preparatory Committee, is reported in the Financial Times to have said:

Some of the wording of the agreement will have to be amended after the UK leaves the EU but I would very much like Britain to participate in the UPC in the long term. The whole of Europe will benefit from the system having the broadest possible geographical coverage.

The UK is the 16th country to ratify the UPC Agreement, the others being Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, and Sweden.   As the UK, France, Germany and 10 other countries must have ratified the Agreement for it to enter into force, only Germany’s ratification is now required.  The Agreement will enter into force on the first day of the fourth month after Germany deposits its instrument of ratification.

Germany’s completion of the procedure is currently on hold due to a constitutional complaint that is expected to be heard by its courts later in 2018.  Other countries, such as Bulgaria, Latvia, Lithuania and Slovenia, are close to completing the procedure.  If the German courts dismiss the complaint by the summer, it is likely the UPC will open in early 2019.