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Entain urges UK to tighten gambling trademark laws
Entain has addressed the UK Intellectual Property Office (UKIPO), calling on the authority to limit the use of gambling trademarks for unlicensed operators.
After conducting market research, Entain discovered 18 operators that were offering their gambling products to UK users without UKGC approval, 14 of which held no licenses but had UK trademarks.
In an annex submitted to the UKIPO, Entain provided a list of operators with UK trademarks, noting that many of them are registered in Curacao or Anjouan.
Entain’s group general counsel and chief customer care officer, Simon Zinger, wrote in a letter to UKIPO chief executive Adam Williams:
“The UK trade mark register is currently accessible to operators providing gambling services to UK consumers without a Gambling Commission operating licence. Operating gambling facilities in Great Britain without a licence is a criminal offence under section 33 of the Gambling Act 2005. Despite this, entities committing that offence can nonetheless register UK trade marks, acquire the commercial legitimacy that registration confers, and use the UK’s trade mark registration system to sustain operations that Parliament has expressly prohibited.”
Williams responded:
“The assessment of whether a mark is contrary to public policy, or whether its registration is prohibited in law, relates to the intrinsic properties of the mark itself. This does not involve an assessment of the actions of the applicant or how the mark is used.”
Entain has also suggested requiring gambling operators to provide proof of a UKGC license before being permitted to receive a trademark. Additionally, the company has requested the commission to create an objection process to make sure that illegal operators don’t get undue legitimacy.
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