English Whisky secures protected status: implications for producers and brand owners
English Whisky has recently been granted geographical indication (GI) status, formally recognising its distinct identity, reputation and innovation. The new status places English Whisky alongside Scotch, Welsh and Irish whiskies as a recognised and protected whisky category. The decision reflects the rapidly growing industry, with more than 70 distilleries now producing English Whisky and bottles exported to more than 30 countries. It is estimated that maturing stocks stored in casks across England are worth around £1 billion, which highlights the importance of this growing sector.
Recognition and scope of protection
A GI protects the name of a food, drink or agricultural product whose qualities or reputation are linked to a particular geographical area. Unlike a trade mark, which is owned by the business or individual who applies for it, a GI is a public collective right listed on the UK GI scheme registers that can be used by verified producers provided they comply with the relevant product specification.
Requirements for English Whisky
Under the product specification, English Whisky must be:
- made using UK Cereal Grain and English water;
- distilled in England with an alcoholic strength of less than 94.8% by volume;
- matured in England, for at least three years, in Wooden Casks of no more than 700 litres;
- bottled at a minimum of 40% ABV.
For whisky producers in England, GI status provides a means of collectively protecting the English Whisky name against unauthorised use on products that do not meet the specification. Producers will need to ensure that their production methods comply with the requirements to use the protected name.
For GI producers, the new protection is relevant when developing branding for spirits. A trade mark application containing the term “English Whisky” would face a registry objection, unless it is clear from its trade mark specification that the whisky it seeks protection for, complies with the specifications of the GI.
