Trade marks and festivals: Protecting culture, commerce, and creativity
Festivals in the UK are much more than seasonal gatherings – they are cultural cornerstones, economic drivers, and global attractions.
Chartered Trade Mark Attorney, Amelia Skelding explores how trade mark law intersects with the festival landscape - highlighting commercial opportunities, legal challenges, and cultural considerations.
From the muddy fields of Glastonbury to the vibrant streets of Notting Hill, British festivals span music, art, food, and culture. But as these events grow in scale and influence, so too does the importance of protecting their brand through intellectual property rights, particularly trade marks.
Trade marking a festival: What to protect?
There are various elements of festival branding that can be protected, in particular, the name of the festival itself and any associated logos or slogans. For example, Edinburgh Fringe, Park Life and Burning Man. It is also important to think about sub-brands, like well-known stages or zone names (e.g. the Pyramid Stage).
Organisers will need to consider protecting a variety of goods and services including:
- Live entertainment and ticketing services in Class 41
- Hospitality in Class 43
- Branded merchandise (like, clothing, posters and bags) in Classes 16, 18, 25 etc.
- Digital content and apps in Class 9
Trade marks can help festival organisers secure exclusive rights over their festival names, which in turn can be used to generate income through licensing or merchandise and to protect their reputation by preventing misuse or unauthorised association.
Third party brands will pay a premium to be associated with well-known events through sponsorship opportunities. Registered trade mark protection ensures that exclusivity is upheld and easier to enforce. Relying only on common law rights or unregistered trade marks will make enforcement more difficult and expensive.
Organisers can license their registered trade marks to authorised partners to sell official merchandise or operate under the festival’s name. The BBC’s long-standing association with Glastonbury is a prime example of how IP protection can add value to media partnerships.
For festivals, trade mark rights are a key source of revenue and brand control.
Legal challenges and disputes
While many UK festivals operate without issue, legal disputes can arise over:
- Passing off: where someone uses a similar name or branding to mislead consumers. For example, unauthorised merchandise vendors at festival locations.
- Ownership conflicts: Especially relevant in community-run or legacy events. Who owns the rights - organisers, volunteers, councils/cities, or cultural organisations?
- Similar names: Events like “Fringe Fest UK” or “Glastonbrewery” may risk infringing well-known brands if they cause consumer confusion.
- Ambush marketing: Brands may try to associate themselves with a festival without paying sponsorship fees, using tactics that suggest affiliation without directly using the trade mark.
Coachella is a great case study. In 2017, H&M had an official partnership with Goldenvoice, the company that owns the Coachella trade mark, and they offered a "H&M Loves Coachella" range. Urban Outfitters was selling clothing featuring ‘Coachella’ and similar terms not authorised by the festival, so Goldenvoice filed a trade mark infringement action against them.
In 2014, Goldenvoice also sued the motorcycle lifestyle brand Harley-Davidson for unapproved use of its name and logos.
In some cases, smaller/local festivals have been forced to rebrand if they share a name with a bigger festival. In June this year, a small Welsh festival in Cowbridge, originally named Cowchella, was forced to rename after legal pressure from Coachella organisers.
A big challenge for festival and event organisers is counterfeit merchandise and unauthorised use of their branding at festival sites. In addition, online infringement takes place on counterfeit ticketing platforms and unauthorised merchandise can be sold on e-commerce platforms and online marketplaces, like eBay and Etsy.
Unauthorised use undermines brand exclusivity, and poor-quality imitation goods may harm the reputation of a festival.
Balancing brand protection with fan engagement is tricky. Over-enforcement (e.g., targeting fan pages or posts) can backfire but taking no action at all could result in brand dilution or tarnishment and consumer confusion.
Best practices for festival organisers
Whether you’re running a major event or a niche local festival, there are key steps to make sure you have a strong brand which is adequately protected.
- Clearance searches – Before launching, it is important to conduct pre-filing clearance searches to ensure that you are able to use and register a preferred mark in relation to the goods and services required.
- Register early – Protect the festival name and logo, in relevant countries, before publicity begins. Cover the relevant classes for events, branded merchandise, and digital content. Also think about possible future brand extensions, like food, music and fashion tie-ins.
- Define ownership – Make sure it is clear who owns the trade mark and how it may be used.
- Licensing and partnerships – Have a written agreement in place with any licensees or partners with clear terms on use of the licensed mark, royalties and termination clauses in case the relationship doesn’t work out.
- Monitor and enforce – Track online use of the mark and set guidelines for sponsors, partners, and vendors.
Cultural and ethical implications
Obtaining registered trade marks for festivals isn’t just a legal or commercial issue – it can raise ethical questions too, especially when it touches on heritage, religion, or community identity.
Should a trade mark for Diwali or Oktoberfest be owned by a private promoter? Can a council own the name of a centuries-old event? There is a tension between protecting a festival’s brand and preserving its cultural character.
For example, the future of Notting Hill Carnival was uncertain this year until a group of local councils provided funding to support the huge annual cultural event in London. There is a need for sensitivity when dealing with community-originated events.
Conclusion
Trade marks are essential tools in the festival industry as they provide organisers with the ability to protect, monetise, and grow their events responsibly. But with that power comes the responsibility to respect cultural traditions and public identity.
As British festivals continue to flourish and evolve on the global stage, so must their IP strategies. A thoughtful, well-managed trade mark portfolio can be the backbone of a festival’s brand – preserving its integrity, boosting its revenue, and ensuring it thrives for years to come.
Author
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Amelia Skelding
IP Director and Chartered Trade Mark Attorney, Swindell & Pearson Ltd