§ The Earl of Mar and Kellie
asked Her Majesty's Government:
Whether it is constitutional for an organisation to use the terms "Britain" and "British" in fundraising literature for activities carried out in England, Wales and Northern Ireland only, when the organisation does not have any locus in Scotland. [HL1020]
§ The Minister of State, Department of Trade and Industry (Lord Simon of Highbury)
Use of "Britain" or "British" as a trade mark or business identifier would have to be considered in the context in which these terms are used or applied in relation to goods or services. For instance, the Trade Marks Act 1994 requires that use of a mark should not mislead or confuse the public as to the origin of the goods or services. In the event that an organisation using Britain or British to identify itself, but whose activities spread across only England, Wales and Northern Ireland, it would need to be demonstrated that absence of a locus in Scotland was misleading.