A Guide To How Trade Marks Work In Formula One®

In the UK, a trade mark can be protected if it is capable of distinguishing the specific goods/services covered from those of third parties, and if the mark itself can be represented on the register in a clear in precise manner[1].  But what does this mean in practice, and what are the implications for motorsport?

With a particular focus on Formula One, this article will address the following:

• What are the most popular motorsport trade marks?
  • Individual drivers
  • Tracks
  • NASCAR
• Who owns the F1 trade mark?
• The importance that Formula One places over its own trade marks
• What happens to a team's trade marks when it gets sold/later renamed?
• Issues surrounding registration of trade marks in motorsport
  • Domain names
  • Trade mark ownership
• What elements can be protected by a trade mark?
• Possibility of sound trade marks with the advent of Formula E
• Landmark trade mark disputes in motorsport
  • Marussia Communications and Manor Grand Prix Racing
  • FIA World Rally Championship
  • Rich Energy and Whytes Bikes
  • Ferrari and Mansory Design
• Key Takeaways

This article is the third instalment in our series dealing with intellectual property in motorsport and the first instalment on protecting confidential information in motorsport can be found here[2] and the second instalment dealing with patents and trade secrets in motorsport can be found here[3].