21/09/2026
English Whisky is set to join the ranks of Scotch Whisky, Single Malt Welsh Whisky and other well-known British products protected by a Geographical Indication (GI), following the Government’s approval of an application to protect the names “English Whisky” and “English Whiskey”.
The decision, announced by the Department for Environment, Food & Rural Affairs (Defra) on 11 September 2026, represents an important milestone for England’s growing whisky industry. More than 70 distilleries are now producing English whisky, with exports to more than 30 countries.
For brand owners, the decision is also a useful example of the protection available for geographical names outside the conventional trade mark system.
What is a Geographical Indication?
A GI protects the name of a product whose qualities, reputation or other characteristics are linked to a particular geographical origin.
Unlike a trade mark, a GI does not generally give one business an exclusive right to the protected name. Instead, qualifying producers can use it provided their products comply with the relevant specification, while third parties can be prevented from misusing or taking unfair advantage of the protected geographical name.
The application was made by the English Whisky Guild. The name is due to be entered on the UK GI register on 1 October 2026, with protection taking effect in Great Britain from that date.
What will count as “English Whisky”?
To use the protected name, producers will need to comply with a detailed product specification.
Among other things, English Whisky must:
- be made from UK cereal grain;
- be mashed, fermented and distilled in England;
- be matured in England for at least three years in wooden casks of no more than 700 litres; and
- have a minimum alcoholic strength of 40% ABV.
The specification also provides for Malt English Whisky and Grain English Whisky, as well as the descriptors “Single” and “Blended”.
More than protection against counterfeits
GI protection goes beyond preventing whisky made elsewhere from simply being labelled “English Whisky”.
Protected spirit drink GIs are protected against misuse, imitation and evocation, including misleading indications as to geographical origin. The use of wording such as “style” or “type” will not necessarily avoid a problem.
The GI therefore gives the English whisky industry a collective IP right capable of protecting the reputation attached to the geographical designation, alongside the individual trade mark portfolios of producers.
The opposition process
The application attracted seven oppositions, four of which were considered admissible.
One of the major issues concerned a proposed requirement for malt whisky to be produced using copper stills. Some objectors argued that this could exclude producers using stills incorporating other materials. Following consultation, the specification was amended so that it instead requires sufficient copper contact in the vapour path.
The Secretary of State of Defra ultimately concluded that the application met the requirements for registration.
What does this mean for trade marks?
GIs and trade marks are separate rights, but they can overlap.
The UK IPO may refuse a trade mark where its use would conflict with a protected GI. Businesses adopting brands for whisky and related products should therefore consider GI rights as part of the clearance process, rather than searching the trade mark registers alone.
For English whisky producers, the GI will protect the geographical designation English Whisky, while distinctive house brands, product names and logos will continue to depend on separate trade mark protection.
The new registration therefore adds an important additional layer to the IP framework protecting England’s growing whisky industry.
This content 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.
