Can a racehorse’s name be trade marked?

The most valuable jump race in Europe, the Grand National, returns this weekend to Aintree and an estimated 500 to 600 million people in over 140 countries will be tuning in to see if their horse is first to make it past the finishing post.

This led us to ask how racehorses like last year’s winner “Rule The World” and runner-up “The Last Samurai” are named and whether these names can become trade marks.

Can a horse's name be trademarked?

For a horse to be named, it needs to first go to the British Horseracing Authority, which is in charge of regulating racehorse names. Their system is similar to the trade mark system trademark attorneys use.

A racehorse must have a unique name so it is easy to tell each horse apart, and it needs to be no more than 18 characters or seven syllables long. The name stays with them for life, so it is important to choose the right one. There are other things to consider, like what the name would sound like when the commentator is describing it as hurtling down the home straight and if the name is offensive or vulgar.

A horse's name has every right to be trademarked as long as it meets the correct criteria, just like your normal trade mark application. Legendary racehorse “Frankel” is currently registered as a trade mark for a host of different products and services.

What does the UKIPO say

The UK Intellectual Property Office (UKIPO) is similar to the British Horseracing Authority in that it oversees applications and decides whether they are suitable for their purpose.

The UKIPO considers things such as the uniqueness of a brand name and whether that name is obscene or vulgar, amongst other things, just like the British Horseracing Authority does when it considers racehorse names.