Think about the last time you ordered a drink at the bar - did you notice how many different varieties of gin occupied the counter behind?

It's no secret that the gin industry has been rapidly expanding and the gin resurgence is showing no sign of abating.

Gin has overtaken vodka as the UK's favourite spirit and it is anticipated that the gin industry in the UK could be worth nearly £3 billion by the end of 2018.

There are flavoured gins, coloured gins, gin liqueurs, premium gins and own-brand gins, even the long-standing core brands have expanded with sub-brands and limited run products.

The popularity of these various new varieties means that a consumer now has more choice than ever.

In the increasingly competitive spirits market, many gin distilleries, both new and existing, have sought to protect their gin brands via a registered trade mark.

A trade mark is legally defined as a badge of origin that enables consumers to identify where products come from and distinguish the products of one company from those of another.

A trade mark registration can enable the holder to prevent anyone from using or registering a similar brand name.

John Ferdinand, partner, Marks & Clerk
John Ferdinand, partner, Marks & Clerk

The number of trade marks registered in the UK for spirits increased by over 40 per cent last year compared to the number registered during the previous year as brands seek to establish a clear brand identity to try and ensure their product stands out among the hundreds of others on the market.

Last year saw the grant of over 2,000 new trade mark registrations in the UK for spirits.

However, a rise in the number of gin brands also means an inevitable increase in conflicts.

Those who have invested considerable amounts in their products and branding are reluctant to share the name with anyone else.

For example, the Wolf bar in Birmingham was intended to be called the Lone Wolf, but was forced to change its name following a letter from Scottish craft beer company BrewDog who hold a trade mark registration for Lone Wolf for spirits and uses the mark in relation to gin among other products.

Brewdog's request was later withdrawn, the damage was done to Wolf bar, who had already incurred cost in re-branding.

Similarly, the Port of Leith Distillery (which hasn't even opened yet) tried to object to an attempt to register a trade mark for 'Leith Gin' by Birmingham-based Gleann Mor Spirits but was ultimately unsuccessful.

This just shows the importance of considering and developing branding before a product launches to ensure that no one else beats you to it.

In such a rapidly expanding and competitive market, there will also no doubt be copycats who seek to try and emulate the allure of a signature product.

For example, pink gin was previously a cocktail of gin and angostura bitters and not a new concept, though it has recently experienced a revival via various new pink-coloured gin varieties often flavoured with berries.

Several large players in the industry have now launched competing pink gin products, all vying for a market share in the increasingly competitive market.

While product colours themselves are particularly difficult to protect, it may be possible to obtain trade mark and/or other IP protection for more unusual aspects of product branding and it is worth considering this too to maintain your competitive edge for branding elements which are particularly striking and unusual.

With all of this in mind and the festive season just around the corner, it's not just the gin itself that is popular with consumers.

We have also seen products such as gin baubles, gin advent calendars and a variety of gin glassware.

These additional products provide invaluable brand promotion for gin distilleries as consumers enjoy these festive and novelty products and so gin brands also need to consider protecting their brands for these products too.

Good intellectual property protection will remain the perfect tonic for those looking to build a brand and win a slice of the competitive gin market.

Ella Newell is a trainee trade mark attorney and John Ferdinand is a partner with law firm Marks & Clerk. The firm can be contacted on 0121 643 5881 or via website www.marks-clerk.com.