The slogan for Eurovision 2023 is “United By Music,” a fitting tribute to the annual song contest’s unwavering ability to bring nations together in a celebration of songwriting, sound and, of course, good-natured silliness.
Whilst European Union trade mark law is largely harmonised, it is important to realise that registering in one country does not provide you with rights in others. In this article, we’ll look at previous Eurovision contestants that have secured a trade mark for their brand- as well as some who haven’t- and explore why registering a trade mark in all countries where you wish to trade is so important.
Protecting a brand
One of the most common reasons for registering a trade mark is to protect the identity of a brand. One only has to look at past Eurovision contestants to see examples of forward-thinking trade mark protection. Heidi Helen Manton, member of Bucks Fizz, Eurovision’s winning act in 1981, is the owner of a registered trade mark for “Bucks Fizz” in the UK; a wise venture, considering the group’s popularity and nostalgic appeal in their home country. However, the trade mark does not appear to have been registered in other territories, including Europe.
Sam Ryder, who represented the UK at Eurovision in 2022, may want to take a leaf out of Manton’s book; he doesn’t appear to have registered a trade mark for his own personal brand in the UK or beyond. Securing a trade mark could be a worthwhile step in expanding and commercialising his personal brand- not to mention giving him the tools to effectively challenge somebody using his name and brand without permission.
Registering in an artist’s home territory is commonplace, and is often where registered trade mark protection starts and ends. Ivan Klymenko, the lyricist who co-wrote the 2022 contest’s winning song, “Stefania,” with Ukraine’s Kalush Orchestra, has filed an application for a trade mark for the “Kalush Orchestra” name and logo in Ukraine, but has not extended this protection to other territories.
Perhaps unsurprisingly owing to their continued success, ABBA are a fantastic example of extensive trade mark registration. In the UK, Polar Music International – the record label representing ABBA – secured a range of registered trade marks protecting the ABBA brand in a variety of industries from 1976 to 1979, from audio and video recordings, branded stationery and posters to T shirts, jackets and more. Most of these trade marks remain registered today.
This protection is mirrored in a range of other territories around the world, including several filings in European countries, the USA and beyond. Securing trade marks allows you to prevent others from using your trade mark to provide similar services within your industry, or produce similar products.
More than just a brand
Once you’ve secured a trade mark for your core business areas, it is also important to consider filing fresh applications as your brand expands. Once again, the representatives of ABBA clearly understand this; Polar Music International registered several trade marks relating to “ABBA Voyage” in August and September 2021 in multiple territories, with news breaking about the revolutionary concert experience of the same name a few days later. This helped to ensure that, in addition to ABBA’s brand, the unique experiences offered to their fans were also protected, and allowed Polar to claim priority over any similar subsequent applications.
What is meant by “territories?”
Securing registered rights to your trade mark, whether it be a brand name, slogan, logo or even a song title, isn’t always straightforward. In the main, each country has its own IP office, which handles the registration of intellectual property in that country, including trade marks. IP is therefore a territorial right; securing registration in one country does not entitle you to registration in another.
As mentioned earlier, an application to register “Kalush Orchestra” has been submitted in Ukraine, but doesn’t appear to have been applied for anywhere else. In practice, this means that the trade mark is only protected in Ukraine, the home territory; the applicant would need to register the trade mark in other territories to extend that protection internationally.
To do this, you could submit an application in each territory individually, which is usually a good idea if you have a select few territories in mind. However, it is sometimes more practical to use the services of an organisation that grants bulk rights, for example, the European Union Intellectual Property Office (EUIPO), who grants pan-European Union registrations covering all 27 member states.
If Kalush Orchestra hope to follow in the footsteps of ABBA following their Eurovision success, securing a trade mark in multiple territories could be a worthwhile step in becoming a renowned household name.
Why would I need to register my trade mark in other territories?
Registering a trade mark removes doubt over who owns intellectual property. A registered trade mark allows the owner to prevent others from using their trade mark or a similar mark to provide identical or similar goods or services where such use would confuse the consumer. Registering trade marks further afield than your home territory provides greater protection as your business expands.
United By IP? Not quite…
Eurovision is a celebration of what makes the countries within Europe and the wider global community unique; while the nations of the world may be “United By Music,” they remain divided into territories when it comes to registering protection for IP.
Forresters are experts in intellectual property and have helped thousands of clients all over the world secure their IP rights since 1884.
Get in touch with our team and find out more about how we can help you secure your IP rights.
