Entain Pushes for UK Regulations to Combat Trademark Abuse by Unlicensed Gambling Platforms
Entain has urged the UK Intellectual Property Office (IPO) to reassess its trade mark registration procedures following the discovery that at least 14 unlicensed gambling operators have secured trade mark rights in the UK. The company argues that this situation exposes a disconnect between the country’s intellectual property framework and gambling regulation enforcement. Entain UK Trademark
In a formal letter addressed to IPO chief executive and comptroller-general Adam Williams, Simon Zinger, the group’s general counsel and chief customer care officer, expressed concern that operators serving UK consumers without a valid Gambling Commission license are still able to obtain UK trade mark registrations. The review conducted by Entain examined a sample of 18 gambling brands believed to be operating without a license, finding that 14 of these did not hold the necessary Gambling Commission authorization. This discrepancy, the company suggests, illustrates a potential regulatory gap that allows entities engaging in illegal gambling activities to leverage the UK’s trade mark system for commercial legitimacy.
Zinger emphasized: “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.” The letter also pointed to specific brands holding UK trade marks despite lacking the necessary gambling licenses, including one with alleged links to Russia.
Entain proposed several reforms aimed at closing this regulatory gap. Among these suggestions was the possibility of applying existing public policy provisions within trade mark law to applicants whose intended activities would be illegal under the Gambling Act. The company also recommended implementing a requirement for gambling operators to demonstrate a valid Gambling Commission license prior to trade mark registration. Zinger remarked: “The UK’s intellectual property system is rightly regarded as one of the best in the world. It would be a significant anomaly if that system continued, inadvertently, to extend its protections to operators who have placed themselves outside the law that governs the sector in which they operate.”
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In a response dated 2 June, Williams acknowledged receipt of Entain’s concerns and proposals, stating that the IPO had forwarded these to colleagues responsible for trade mark policy and that a meeting would be scheduled to further discuss the issues.
However, Williams also highlighted the limitations within the current legal framework. He explained: “Both of the provisions mentioned above can only be used as the basis for an objection where there is an issue within the mark itself. 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.”
Furthermore, Williams noted that there is no existing trade mark approval process comparable to the rules governing specific restricted company names under Companies House regulations. He also confirmed that UK sanctions against Russia extend to intellectual property rights and emphasized: “The IPO has moved quickly to implement sanctions which we are enforcing robustly. The IPO does not accept fees or provide associated services to those on the UK sanctions list, either directly or through their agents.” Entain UK Trademark
