Jersey Royals trademark (FOI)

Request

Is there a cost, such as a trademark, for using the name "Jersey Royal" in products?

Response

The Government of Jersey registered the Jersey Royal (Logo) and Jersey Royal / Jersey Royals (words) as both a Certification Mark and an ordinary Trademark in the UK (2002) and Jersey (2007).

Trademark and Certification Marks

The certification marks are registered for:

Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.

Class 31: Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals

The trademarks (non-certification marks) are registered for:

Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.

Class 25: Clothing, footwear, headgear

Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.

Class 31: Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals.

Class 32: Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.

Class 33: Alcoholic beverages (except beers); alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.

Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.

Definitions

There is an important difference between a Trademark and a Certification (Trade) mark.

Trademark

A Trademark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings, and includes a collective mark or a certification mark, and may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.

Certification (Trade) Mark

A Certification (Trade) mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.

Therefore, a Trademark is used by the owner / producer of the goods whereas a Certification (Trade) mark is used by others who the owner allows to use provided the goods meet the required specifications and that they, the owner, does not trade in the goods and services themselves.

The Jersey Royal (Logo) and Jersey Royal / Jersey Royals (words) are registered as Certification marks because in effect the Government of Jersey is the proprietor of the mark and ensure that any Jersey Royals Potatoes sold meet their criteria and that any other goods also meet the prescribed quality standards.

Additionally the Jersey Royal (Logo) and Jersey Royal / Jersey Royals (words) are registered as ordinary trade marks.

The Government of Jersey as the Certification Authority can authorise the use of the logo and words within all the classes outlined above provided it is satisfied that the use of the logo meets their criteria.

If agreed, a “Certificate of Entitlement” is issued which authorises the use of the appropriate Certification (trade) mark or trade mark once a formal licence or registered user agreement is signed.

This permits the Government of Jersey to withdraw their permission for using such marks, should the need arise or agree a licence fee which may be levied to utilise the trade mark.

A licence fee levied to utilise the trade mark will include a cost to the user which will be determined through a licence application process.