Protecting and Promoting National Identity Through Trade Marks and GIs
Eyebrows and smiles were raised last autumn when news that Sweden (or rather its tourist board VisitSweden) had applied to register its name as a trade mark with the EU Intellectual Property Office hit the headlines. Accompanied by a slick campaign exhorting tourists to “Visit the Original Sweden” and to “beware of dupes” – the eight other locations around the world that share the name – the story generated a lot of media interest and most likely achieved its goal of raising awareness of the country as an attractive holiday destination. The application, which covers NICE classification 39 relating to travel services, is currently in review.
This is a pretty direct example of a country seeking to use intellectual property rights to its advantage, but it certainly isn’t the only one. In fact, trade marks and geographic indications (GIs) are valuable tools in the economic and political arena where their soft power can be highly effective in advancing a country’s aims and protecting its heritage.
Arguably, in an increasingly globalised world where national identity is often less about where someone lives and more about where they choose to align themselves, carving out a strong national brand is a useful strategy on the international stage.
Let’s take a look at some examples of regional and national brand activity, and the new options that will become available in the EU from December 2025.
Geographic Indications: Produced with Pride
Cornish Pasties, Scotch Whisky, and – perhaps most famous of all – Champagne are classic examples of Geographic Indications. GIs identify products with unique qualities and characteristics that derive from the region in which they are produced. For Champagne, it is the specific chalky soil and climate in the Champagne region of France together with a signature fermentation process, that gives the grapes, and the sparkling wine they produce, their distinctive bubbles and flavour.
Use of the Champagne name by producers is controlled and protected by the Comité Interprofessionnel du vin de Champagne, and there is no doubt that its reputation is worth protecting; Champagne represents France’s second-largest trade surplus and constitutes 20% of the total export value of French wines and spirits.
Cornish pasties are pulling their economic weight in Cornwall, too, albeit on a somewhat smaller scale, with the Cornish Pasty Association reporting that pasty-makers:
- Generate around £300m in trade annually
- Employ 2000 people
- Pay around £15m to local farmers for ingredients
The association believes that the GI “helps people to distinguish a genuine Cornish pasty, whilst improving the sustainability of a vital Cornish industry.”
Once a GI, or indeed a trade mark, has been obtained for a product, it is important that it is properly maintained. There were red faces all round when Cyprus lost its UK trade mark for halloumi cheese due to an administrative oversight in 2018.
Protecting cultural heritage: regional crafts and industrial products
GIs are no longer the sole preserve of food and drink products in the EU. From December 2025 it will be possible to gain GI protection for craft products and industrial products.
“Craft” products are those “produced either entirely by hand, or with the aid of manual or digital tools, whenever the manual contribution is an important component of the finished product.”[1] In contrast, “industrial” products are those produced in a standardised way, such as by machinery.
There are three key criteria that the products must meet in order to qualify for GI protection:
- They must originate in a specific place, region or country
- Their given quality, reputation or other characteristic must be essentially attributable to its geographical origin, and
- At least one of its production steps must take place in the defined geographical area.
Regular blog readers will recognise that these criteria bear a striking resemblance to those used by Harris Tweed to describe the fabric’s characteristics in terms of the right to bear the registered Harris Tweed® trade mark, and we’d like to bet that they will soon be seeking the new GI Protection, as the scheme is also open to non-EU producers to obtain protection in the EU.
Indeed, a large range of products, from artisan craft items such as lace or jewellery, to organic products such as natural stones and animal hides, could qualify for protection. The new GI system also contributes to preserving intangible cultural heritage, by enabling the conservation and commercialisation of traditional crafts and production methods.
Getting Geopolitical: Turkiye and Greece Clash over Turkaegean Mark
Some IP-based tourist campaigns cause controversy, however, such as Turkiye’s registration of “Turkaegean” as a trade mark covering various classes including tourism and advertising. This prompted objections from the Greek government on the grounds that the Aegean Sea and its islands are under Greek sovereignty as part of the internationally recognised Hellenic Republic, and the mark created a misleading impression that they are associated with Turkey. Greece and Turkiye have a complex and confrontational political history and it was clear the Greek government did not wish to cede any kind of right – IP or otherwise – to its rival.
The EU IPO upheld the Greek government’s opposition to the registration, rejecting the application on a number of grounds – some more political than others. “Turkaegean” was deemed to be descriptive and generic, lacking the distinctiveness to function as a trade mark – which is an objective view. However, the EU IPO also accepted Greece’s contention that it was deceptive, potentially misleading consumers about the origin of the goods, and that it was an act of bad faith. Finally, the EU IPO’s decision took into consideration the cultural sensitivities around the issue under Article 7 of the EU trade mark regulation.
Chilly Battle Over “Iceland”
VisitSweden may claim that the country is the first to attempt registering its name as a trade mark, but it certainly isn’t the first time a country name has appeared on the trade mark register. In 2016, the government of Iceland filed for trade mark invalidation of British frozen food supermarket Iceland’s 2014-registered mark. The Icelandic government claimed the registration was preventing its own regional producers from promoting their goods.
The EU IPO invalidated the supermarket’s mark, a decision it appealed, to no avail, in 2022. Read more about the history of this story here.
IP – Part of Modern Statecraft
As the world becomes increasingly interconnected, the role of trade marks and GIs in safeguarding cultural heritage and underpinning national influence will continue to grow. Protecting recognised elements of national identity and bolstering economic opportunities are important aspects of statecraft that can be supported by IP.
Geographic Indications can also be a lot of fun! From 24 February to 2 March 2025, the Cornish Pasty Association is running its annual Cornish Pasty Week, with a series of events raising money for schools in Cornwall and the Scilly Isles. Initiatives like this underline the connection between product and place, reinforcing the value of the GI.