In the fast moving consumer goods (FMCG) industry, trade marks play a vital part in a brand’s identity and a customer’s perception of quality. Following this year’s International Coffee Day (1 October), trade mark attorney Natasha Walker ‘spills the beans’ on the importance of registered protection, both for the UK’s booming coffee market, and for the FMCG sector in general.
Whether it is the pumpkin spice flavour that signals Autumn’s arrival, or the steaming cup that keeps us company on a cold and hectic commute, coffee and its very consumption are an intrinsic part of many people’s daily lives.
The UK’s thirst for coffee, whether hot or iced, apparently knows no limits. According to the British Coffee Association, we consume approximately 95 million cups every day in the UK. This equates to a staggering 2.8 billion cups a year, which is indeed a whole ‘latte’ coffee. In 2024, coffee even became the most consumed drink in Britain, knocking the traditional cup of tea into second place.
A symptom of this growth has been the increasingly diverse range of coffee-related products and brands available, both on the shelves and in the high street.
In supermarkets, although Nescafé continues to be the leading coffee brand by sales in the UK, newer, independent brands such as Grind and Union now take pride of place on the shelves, with even greater variety and choice online.
On the high street, longstanding chains such as Costa Coffee, a British stalwart since it opened its first shop on Vauxhall Bridge Road in 1981, are now joined by local, independent cafés and coffee shops, each with their own brands and blends.
Small wonder, then, that there has been an increasing number of UK trade mark applications filed for independent, speciality coffee stores, each one eager to take a sip from the UK’s big coffee cup.
Why are trade marks important in the FMCG sector?
Trade marks are a vital part of a brand’s identity, whether that brand relates to coffee, or other types of FMCG.
In addition to identifying and distinguishing a product or service from that of its competitors, protecting a trade mark through registrations also demonstrates an investment has been made in the brand to protect it.
Done right, this is an investment well-worth making. In many cases, even a shape, picture or colour can be enough for customers to recognise the business and form expectations around the products or services it will offer.
Trade mark registrations do not just protect the brand itself. They can also be used to protect the products and services that sit under that brand and make it unique. ‘Costa Coffee’, for example, is a registered trade mark, but so too is ‘Mocha Italia’, the coffee shop’s signature blend chosen after founder Sergio and Bruno blind tasted 122 variations.
This signals an important message to the customer. If you enjoy the Mocha Italia product, then Costa Coffee is the only place you can expect to find it.
How do trade marks protect against counterfeits?
Trade mark registrations, as well as other registered rights, also make it easier to dissuade third parties from launching and selling a counterfeit version of your product.
Counterfeits are one of the biggest challenges facing FMCG brands at the moment, with Europol and Interpol seizing more than €91m worth of counterfeit food and beverages in a single operation in 2024, according to a recent report by the European Union Intellectual Property Office (EUIPO).
Such goods not only mean a loss of revenue for a business – they also pose significant risks to consumer health, and to the reputations of those businesses and products that they purport to be.
If counterfeits use registered rights such as trade marks on their packaging, however, it is easier for the owner to enforce against them via the courts. It also helps businesses to ensure that counterfeit products are removed from online marketplaces and e-commerce sites, many of which now have policies and portals in place to facilitate this.