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Trade Mark Registration

Client: Fresh Produce Consortium

What they do

The Fresh Produce Consortium (FPC) is the UK's fresh produce trade association based in Peterborough. They have represented the fresh produce sector for many years and are recognised across the UK and EU as the voice of the industry. Membership covers the complete spectrum of industry businesses including growers, importers, wholesalers, retailers, distributors, processors, packers, food service and other allied organisations such as freight handling, embassies, laboratories, trade media and more.

Background

The Fresh Produce Consortium (FPC) appointed Roythornes in conjunction with a trade mark agent to register the Sweetclem trade mark as a collective trade mark for citrus marketing in the UK. The provenance of certain varieties of clementines and mandarins is a complex area, and has been subject to differing interpretations for many years. In 2012 an issue was identified in the UK regarding inaccurate labeling of citrus fruit hybrids of mandarins, such as Nadorcott. The UK authorities advised that the industry must comply with the EU Marketing Regulation and cease naming mandarin hybrids as clementines. The various retailers and suppliers using the mark wanted a new generic name to label these hybrid fruit which otherwise fall under the generic term mandarin because they felt that the term was not well accepted by customers as opposed to the premium names tangerine and clementine which only refer to specific fruit.

Solution

Sweetclem was chosen as the new name for the popular easy peel fruit which share the characteristics of clementines. Roythornes main role was to develop the regulations governing the use of the new collective trade mark, Sweetclem and to advise the FPC during the process. Sweetclem is owned by the FPC and use of the collective trade mark is subject to a contract, governing its use. Any UK company wishing to use the collective trade mark must be a member of the FPC. The trade mark can be used on packaging in relation to mandarins, including hybrids of clementines, common mandarins and tangerines. Members who use the mark pay a small annual royalty to the FPC to fund marketing activities relating to the Sweetclem trade mark.