The famous doubles vendor brand, ‘SAUCE’, released a public notice in 2024 to provide clarity on its branding and affiliate brands. The notice claimed that ‘Sauce Doubles is a generational trademark’ and moreover, that the trade mark has been passed from its founder to her children and subsequently her grandchildren. The notice went on to emphasise that ‘there isn’t one boss or one owner’, but that the various entities trading as ‘SAUCE’ throughout Trinidad are independently operated by various members of the family. While it was stated that the family communicates well for the avoidance of conflict, the current setup leaves much to be desired from an IP management perspective. Admittedly, it is unknown what written agreements are in place and the nature of the family discussions concerning the brand, but it is strongly advised that a clear IP management framework should be adopted in such a scenario and that the ‘SAUCE’ brand is registered as atrade mark.

From the public notice, there are two issues that require attention: 1) the misuse and misunderstanding of the term ‘trade mark’; and 2) the importance of having a clear written IP management plan.

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Loose Use Of ‘Trade Mark’

A quick search of the trade mark registry for Trinidad and Tobago revealed that there is no registered trade mark for ‘SAUCE DOUBLES’, ‘SAUCE’ or any of the various logos illustrated in the public notice. As such, the use of the term ‘trade mark’ in the public notice is problematic as it suggests that the operators of the Sauce business own a registered trade mark for the ‘SAUCE’ brand. Trade marks must be registered in order to benefit from the protection afforded under the Trade Marks Act 2015. If a sign is not registered as a trade mark, then protection must be sought under the tort of passing off, which is more limited in protection and more difficult to prove and assert in court. This leaves entities like Sauce open to acts of free riding, which can dilute the brand and create confusion in the marketplace. Furthermore, failing to register the trade mark in a timely fashion could result in a dispute similar to that seen in the Japs case.

It is not in doubt that Sauce is a well-known brand. However, with the passage of time the ‘SAUCE’ brand has been diluted due to wide use of the brand by different vendors who may or may not be related to the founder. While it remains possible for the ‘SAUCE’ brand to be registered in theory, the practical reality is that the word ‘SAUCE’ may not be capable of indicating origin in the present context. Potentially, a huge opportunity was missed in not registering the ‘SAUCE’ brand before its dilution. However, this is symptomatic of the doubles industry as only one trademark in Trinidad and Tobago comprises the word ‘DOUBLES’, which necessarily disclaims the use of the word ‘DOUBLES’. Thus, the doubles industry though well-established appears to not be reliant on trademark protection for their brand names. This is problematic because many famous brands are missing the opportunity to protect their brand name and add further value to their enterprise.

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IP Management

Stemming from the lack of trade mark registration for the ‘SAUCE’ brand, are several key issues:

1) The public notice stated that the ‘trade mark’ has been passed from generation to generation. However, in actuality what has been passed is the goodwill in the name ‘SAUCE’ given the absence of a registered trade mark. Goodwill does not constitute a cause of action in itself and therefore there is limited legal recourse should a third party infringe the ‘SAUCE’ brand because the owner would have to establish the mark is protectable and secondly they would have to prove misrepresentation. By contrast, if a registered trade mark existed the owner could rely on double identicality or confusing similarity to prove infringement without having to establish the protectability of the mark. Additionally, given the importance of passing the mark from generation to generation, the existence of a registered trade mark would offer a more certain transfer of ownership given that registered trade marks afford a property right in the mark separate from the business that utilises it.  

2) The existence of multiple businesses trading under the ‘SAUCE’ name requires a robust IP management plan. Given the multitude of logos and variations of the name used, this may harm the functioning of the word mark ‘SAUCE’. This is because seeing the word ‘SAUCE’ alone no longer points to a specific source. Instead, reliance may have to be placed on the various logos for trade mark protection. Furthermore, the mark is being diluted and its value compromised due to lack of consistency in the branding elements and possibly unauthorised uses. What is proposed is that emphasis be placed on establishing common elements for the mark. For example, a standard font be used to ensure consumers identify the ‘SAUCE’ mark across the family enterprises. This will ensure that consumers know that the specific ‘SAUCE’ entity is associated with the original family.

3) It is unknown whether there are any written agreements in place for the use of the ‘SAUCE’ brand, but given the multitude of uses by different persons within the family, it is strongly advised that a formal written licensing process be constructed to ensure the proper use of the brand. This will mitigate any potential disputes.  

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Key Takeaway

It is important to understand what intellectual property rights exists in your business and to take the required steps to protect those rights. Trade marks require registration and all businesses are advised to register their core brands to maximise their security and commercial potential. Securing your IP ensures you protect your business and allows you to maximise the commercialisation of your brand. Contact Clover® today to talk about protecting your IP.

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