Protect a geographical spirit drink name
How to apply to protect a spirit drink name under the UK GI schemes.
If you want to protect the name of a spirit drink when it’s sold in Great Britain (GB) (England, Scotland and Wales), you need to apply to the UK geographical indication (GI) spirit drinks scheme.
If you want to protect a product name sold in Northern Ireland (NI) or the EU, you need to apply to the relevant EU GI scheme. Applicants from NI need to follow the NI applications guidance.
GB producers will need to secure protection in GB under the UK GI schemes before applying to EU GI schemes to protect a product name in NI or the EU.
Spirit drinks are:
- intended for human consumption
- made from ingredients of agricultural origin
- a minimum strength of 15% alcohol
A protected spirit drink name originates in a territory of a country or a region or locality within that territory. The spirit drink’s quality, reputation or distinctive characteristic is attributed to its geographical location.
Geographical indication (GI) protection can cover geographical areas that cross country borders, such as on the island of Ireland.
A GI protects the name of spirit drinks from ‘misuse, imitation or evocation’, such as:
- commercial use of a registered name on a product that does not meet the specification
- giving the impression the product is genuine
- giving false or misleading information on the origin, nature or essential qualities of the product - if labelling uses ‘style’, ‘flavour’, ‘as produced in’ or similar descriptions
- any other practice that misleads the consumer about the origin of the product
Read more about UK GI scheme protection.
5 spirit drink names are currently registered in the UK:
- Somerset cider brandy
- Scotch whisky
- Irish whiskey (Uisce Beatha), Irish whisky (Eireannach)
- Irish cream
- Irish poteen (Irish poitín)
Eligible spirit drink categories
There are 46 defined spirit drinks with specific composition and production rules. Spirit drinks which do not fall into these categories, but meet the definition of a spirit drink are defined as ‘other’. Irish poteen is an example.
Check Annex II.
Who can apply for a protected spirit drink name
You can apply to protect a geographical product name from one of the spirit drinks categories. UK and non-UK applications are eligible.
NI applications
If you’re a NI producer, you can apply to protect a product name in NI and the EU under the EU GI scheme. You can also apply to the UK GI scheme to protect your product name in GB. You do not need to secure UK GI protection first.
Defra will handle your application under the UK GI scheme application process. You must make it clear if you are applying to one or both schemes in your application.
Non-UK GIs
If you are applying for GI protection from outside the UK, you must provide evidence that your product is protected in your home country.
This includes the Crown Dependencies of Jersey, Guernsey and the Isle of Man.
You must provide all evidence in English.
How to apply for a protected spirit drink name
To apply for a protected spirit drink name, you need to:
- complete a product specification
- complete a single document to summarise your product specification
- include supporting evidence with your specification - if you need help contact the relevant government body
Complete a product specification
You may use the product specification template. You must include the following information in your product specification.
Applicant (individual or group)
An individual or group can only apply to register a name if they work with the spirit drink in question.
A group is an association of producers or processors of the spirit drink.
You can only apply as an individual if:
- you’re the only producer willing to submit an application
- your geographical area has different characteristics to your neighbours
- your spirit drink has different characteristics to your neighbours and has a special quality, reputation or other characteristic which is linked to its geographic origin
As an individual you must include:
- your name
- your contact details (full postal address, email address and phone number)
As a group, you must include:
- business, producer group or trade association name (your trading title)
- the group contact details (full postal address, email address and phone number)
- the group’s legal status, size and composition
Non-UK applicants must also include:
- proof of GI protection in your country of origin
- name and contact details of the authorisation body of your country of origin (this is the ‘Intermediary’ contact)
You must provide all evidence in English.
GI name and category
The product must be commercially in use and have a geographical name that it’s associated with.
State which product category it’s from, such as ‘brandy’.
Product description
You should show how your product differs from a spirit drink of the same category, such as its:
- physical and chemical features
- organoleptic features (its smell, taste, look or feel)
- specific characteristics (compared to spirit drinks of the same category)
Distinctive production methods
Explain why methods of production make your product eligible for protection. You should describe each step of the production process to show this. Include the following where relevant:
- ingredients used
- preparation method
- how it’s stored or matured
You should describe the level of skill and experience a local producer must have to make the product, where relevant. For example, the type of cask that’s made to store whisky.
Geographical location
Give details on the location of the GI product you want to register.
If you can, include a map to show the boundary where the product comes from. You should mark the physical boundaries of the geographical location, such as, rivers, roads or administrative boundaries.
Product connection to geographical area
You must say why the quality and reputation of your product makes it distinctive. Describe:
- the product’s reputation - show how its name is linked to the area and provide evidence of its use in the past and present
- the product’s quality and characteristics determined by its geographical area - give examples of why your product is distinctive
Complete a product specification
As part of your application pack, you’ll need to fill in the spirit drinks product specification template.
Complete a single document
Use the single document template to:
- summarise the main points of your product specification, including its name, category, production method and characteristics
- explain any labelling and packaging rules
- describe the link between the spirit drink and its geographic origin
- be no longer than 2,500 words
Submit your application
You can ask the relevant government body for help with the content of your application before you submit it, if necessary.
Your application consists of:
- your final product specification
- a single document
- any supporting documents
Email your documents to: ukgiapplications@defra.gov.uk.
If you cannot send by email, you should post your documents to:
Geographical indications
Defra - SW Area
2nd Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Application assessment
If your application does not meet the scheme’s requirements, you’ll be told why. You’ll have the opportunity to re-submit your application using advice offered to you, if appropriate.
If your application is rejected at this stage, you have the right to appeal against the decision.
Consultation period
Your application is published on GOV.UK if it meets the scheme’s requirements.
Interested parties can object to the application. They must complete an ‘objection notice’ within 3 months of your application being published.
The competent authority will forward valid objections to you within 2 months. You will have 3 months to engage with the objector. You can ask the competent authority to extend this by a further 3 months, if necessary. You must tell the competent authority the outcome of the objection within one month of the agreed deadline.
The competent authority will reconsider your application and reject it for registration if an objection is valid.
If there are several objections and one or more is seen to be valid, the competent authority may decide it’s not possible to accept your application. It can suspend the objection process from progressing further to make a decision on your application.
The competent authority will reconsider your application and reject it for registration if an objection is valid.
Amending your application to resolve an objection
You may reach a compromise with an objector by making a minor amendment to your technical file. If this resolves the issue and still meets the requirements for a GI, the competent authority will record the change to your application and decide to approve or reject your application.
If you need to make substantial changes to your technical file and single document as a result of an objection, you may need to re-submit your application. Your application may need to go through the assessment process again.
Results
The competent authority will approve your application if:
- no objection was made at consultation stage
- an objection request was not accepted
- only minor changes were required to reach an agreement
The competent authority will make a final decision where agreement could not be reached between you and the person making the objection.
The competent authority will publish the decision on GOV.UK.
If your application is rejected after consultation, you can appeal against the decision.
How to appeal
Follow the guidance on how to appeal against decisions.
Get product verification
UK applicants
Before you can sell your spirit drink as a GI, you must get it verified by HM Revenue and Customs (HMRC).
Follow HMRC’s guidance on how to apply for product verification.
HMRC will tell the competent authority when your product and production methods meet the standards you’ve set out in your technical file.
Non-UK applicants
For non-UK applicants, you must provide evidence that the spirit drink name is protected in your country of origin.
It must also be verified by at least one of the following in your country of origin:
- public authority
- product certification body
Product registration and protection
If your application is approved, the GI is added to the relevant UK GI register.
Using the registered product name
To use the registered product name, you must follow the rules and understand what happens if you do not.
Add logos to product packaging
You do not have to use a GI logo on spirit drinks. If you choose to, you must follow the rules on how to use a GI logo on your product or product packaging.
Contacts
You can contact the relevant government body for help and advice with your application.
England
Email: ukgiapplications@defra.gov.uk.
Geographical indications
Defra - SW Area
2nd Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF
Scotland
Email: protected_food_names@gov.scot.
Scottish Government
Food and Drink Division
B1 Spur
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD
Wales
Email: FoodDivisionalBusiness@gov.wales
Welsh Government Food Team
Welsh Government
Sarn Mynach
Llandudno Junction
Conwy
LL31 9RZ
Ebost: FoodDivisionalBusiness@gov.wales
Llywodraeth Cymru
Sarn Mynach
Cyffordd Llandudno
Conwy
LL31 9RZ
Northern Ireland
Email: ProtectedFoodNames@daera-ni.gov.uk
Department of Agriculture, Environment and Rural Affairs (DAERA)
Room 131
Dundonald House
Upper Newtownards Road
Belfast
BT4 3SB