October 2005
Sir Alex Ferguson is too famous for his own good
The Trade Marks Registry refused to allow Sir Alex Ferguson register his name for "printed matter, posters, photographs, transfers, stickers, decalcomanias, stickers relating to football". The Registry held that the name "Alex Ferguson" was devoid of any distinctive character in these goods. The Registry was more lenient in relation to other goods, such as DVDs, calendars, magazines, jewellery, clothing and toys, which passed the Registry's examination. If no oppositions are filed Sir Alex will at least enjoy exclusivity in his name for DVDs etc.
Sir Alex Ferguson's lawyer confirmed that an appeal will be launched against the decision under the Human Rights Act. The lawyer claimed that his client was being discriminated against because of his fame as the boss of Manchester United. "A non-famous person would be able to trade mark their image, but because Sir Alex is already famous he cannot."
The Registry's argument was that the decision was in line with the function of a trade mark. Brands that have been in the market for some time and have been used by various different organisations to promote various causes are not registrable due to lack of distinctiveness.
Briffa comment:
If Sir Alex had applied to register his name before he was famous the application would have succeeded. Therefore it is important to acknowledge the rights in a name early on. This advice applies to sports persons, fashion designers and other yet-to-be-famous persons alike. For more advice on registering your name as a trade mark please contact Maija at maija@briffa.com.