05/11/2025
As we approach the eve of the eagerly awaited finale of The Celebrity Traitors, and we sit here wondering whether Alan and Cat will make it (or did Alan’s faithful giggle give the game away?), you can’t help being conscious of the waves that the series is making in popular culture. The Traitors has become a bit of a phenomenon. A unifying topic across friendship groups, colleagues, and strangers. An easy conversation opener or the start of an involved debate about tactics, theories, and the inventive spelling of contestant’s names at the round table. It is clear that the nation is hooked. With the series finale expected to bring in huge viewership numbers, with predictions showing that one in four UK adults are expected to tune in, we take a deeper look at the brand behind the spectacle.
The Traitors started life in the Netherlands, as De Verraders, created by IDTV and first aired in 2021. Since then, the series has had local spin-offs in over thirty countries across the globe, first coming to the UK in 2022.
The Traitors is no longer just a TV show. In London, fans can attend The Traitors: Live Experience, where the gameplay can be experienced firsthand. The Traitors Shop sells a plethora of show-related merchandise, from calendars and Christmas crackers to card games and clothing. There are also collaborations with other brands, including The Traitors men’s boxers in collaboration with Odd Balls and The Traitors cloak dressing gown sold by Primark.
With expanding activities, beyond that of a TV show, what does this mean from a brand protection perspective?
In general, anyone with a marketable brand should consider protecting it. Having a strong trade mark portfolio provides the owner with tools through which it can safeguard the brand from imitators and unauthorised use and also helps to facilitate licensing opportunities (learn more about licensing here) and brand collaborations, like those between The Traitors and Odd Balls and Primark. As a brand grows, gains popularity, and expands into other areas, as The Traitors has done, trade mark protection should be a continuous conversation between brand owners and their advisors.
When dealing with a global brand like The Traitors, there are some key considerations:
Is the brand protected in key territories?
Many brands start out with a home market, but over time expand across borders. As a brand’s presence expands, so should the trade mark protection. The Traitors is a success story of global brand expansion and protection has been sought across a number of territories.
As your brand reaches or eyes up a new territory, it is always worth considering whether further protection is now needed. As The Traitors format continues to reach new corners of the globe, it is likely that trade mark protection will need to follow (or rather anticipate). Some markets may be of higher importance than others and you may not roll out your entire product portfolio in every territory. Trade mark protection can be shaped around the business needs across different territories.
Are there any local language considerations?
This consideration is especially applicable to The Traitors. While we know it as The Traitors in the UK, elsewhere, in non-English speaking countries, it is known by other names. The owner of The Traitors brand has been live to this issue and has sought trade mark protection in many local language variations, including for Les Traîtres in France, De Verraders in Benelux, Die Verräter in Germany and Os Traidores in Portugal.
If different brand names are to be used in different territories, protection in local languages is important. It is also worth reviewing any local nicknames that consumers attribute to brands.
Are the relevant goods and services protected?
The Traitors is a good example of a brand that started in one space (TV), but has moved into others following an explosion in popularity. Merchandise and live experiences are clearly areas which the brand can, and does exploit, and so it is important that sufficient trade mark protection is in place to protect these interests. This will likely mean obtaining trade mark registrations covering the key areas of commercial activity, which for the traitors, would not only be in relation to TV programmes, but also, for example, clothing, games, books, calendars, bottles, mugs, glasses, bags, magnets, keyrings, and entertainment experiences. With clear opportunities to create revenue streams from brand licensing, and the potential for third parties to market unlicensed knock-offs of The Traitors products, a solid trade mark portfolio covering the goods and services which are licensed or created by the brand owner is crucial.
Are all brand indicators sufficiently protected?
As brands evolve, so do the trade marks that they are using. Over time, there may be new logos, new nicknames, recognisable stylisation, and also more unusual trade marks which consumers associate with your brand. Anything that consumers use to identify your brand is worth exploring as a candidate for registered protection. Protection may not always be possible, or desirable, but a continuing conversation around the protectable elements of your brand is worthwhile.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
