A clothing firm in North Wales was ordered to stop using ‘Snowdonia’ on its goods due to a trade mark infringement but says it can’t get the same protection for ‘Eryri’.
Eryri Clothing, who were previously Snowdonia Eco Friendly Clothing, had used the word ‘Snowdonia’ on its products but recently received a ‘cease and desist’ letter from Manchester based fashion chain JD Williams.
That firm has held the trade mark for the name on clothing, footwear and headgear products since 2013.
This was originally filed with the European Intellectual Property Office (IPO) and approved by them but automatically transferred to the UK IPO after Brexit.
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But in response the local firm decided to try to register ‘Eryri’ (Welsh for Snowdonia) as a trade mark under the same clothing category to “play them at their own game”.
However it has initially been told the application is “not acceptable” by the IPO which says ‘Eryri’ would “not be perceived as a trademark by the average customer and would instead be perceived as an indicator that the items of clothing were produced or designed or sold in Eryri/Snowdonia”.
The company does actually print its clothes in Snowdonia/Eryri.
On social media bosses wrote: “So an English company can trade mark Snowdonia and close down a small Welsh business but a small Welsh business can’t trade mark Eryri for clothing purposes only.”
The Intellectual Property Office said no final decision had been made on ‘Eryri’ and the process was still ongoing. They said they could not comment further while the case was active.
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Eryri Clothing said it had been “overwhelmed” by the support it had received and would use the publicity to raise money for a local charity.
The firm said it did not believe the decision to award a trade mark for ‘Snowdonia’ was the right one but accepted the decision as it did not have the “resources to fight the case in court”.
They added that they want to continue to trade under the ‘Eryri’ brand – providing “environmentally conscious clothing, printed in North Wales and inspired by our beautiful national park”.
The company is seeking advice from Welsh Government and the Welsh Language Commissioner as they appeal the IPO decision on ‘Eryri’.
On trade marks for geographical places, the IPO said: “Geographical place names are not automatically excluded for registration.
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“As part of this application process, we welcome the views of the applicant and any relevant information and evidence they may wish to provide.”
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