Author: Amelia Czapska

Since 2013, Alcohol Research UK, operating under the name of Alcohol Change UK, has registered numerous trade marks for ‘DRY JANUARY,’ as both figurative and word marks. 

Alcohol Change UK is a charity dedicated to reducing alcohol-related harm in the UK. They provide resources for individuals looking to make healthier choices around alcohol, offer tips on socialising without drinking, and focus on prioritising mental health. The charity also provides tools, guidance, and a supportive community for those wanting to cut down or quit alcohol. One of their main campaigns of the year is Dry January, which raises awareness and advocates for policies aimed at reducing alcohol-related harm.

Dry January is becoming increasingly popular in the UK, with more people choosing to abstain from alcohol during the first month of the year. In 2026, approximately 25% of British adults are participating in Dry January, according to an Alcohol Change UK survey. This raises questions relating as to whether the ‘Dry January’ sign has become customary in the current language, under s.3(1) Trade Marks Act 1994 (the “TMA 1994”).

The trade marks

Since 2013, Alcohol Research UK has owned a figurative trade mark for ‘Dry January’ [image below] for the classes 16, 25, 36, and 41. This gives Alcohol Change UK rights to use the mark in relation to goods and services including promotional material, clothing, fundraising, and entertainment events. In 2020, Alcohol Change UK applied to register a word mark for ‘DRY JANUARY,’ covering a more extensive number of classes: 6, 9, 14, 18, 21, 28, 29, 30, 35 and 43.

The opposition 

This word mark was opposed by the craft brewery Big Drop Brewing Company Limited for its registrations in class 30 (coffee, tea, cocoa), class 32 (non-alcoholic drinks, water); class 35 (advertising and marketing services for beverages, provision of information on the same); and class 43 (services for provision of food and drink including bars, shops and hotel services).

The ground of opposition was that the application offended sections 3(1)(a), (b), (c) and (d), section 3(6) and section 5(4)(a) of the TMA 1994, including that the mark lacked distinctiveness, was descriptive and of a generic nature.

The outcome 

The opposition succeeded in full, meaning the trade mark application for "Dry January" for the contested goods and services was not successful.

The decision highlighted the widespread and descriptive use of Dry January, noting particularly the extent to which the term appeared in social media posts amongst other non-distinctive and descriptive hashtags. Further, Alcohol Change UK did not have any evidence to show that their use of the words had acquired distinctiveness among consumers over the years. The IPO also stated that it is reasonable to expect other businesses (such as retailers, pubs, restaurants, and cafés) to use the phrase in their marketing campaigns aimed at promoting alcohol-free options during January.

The DRY JANUARY word mark remains registered in classes 6, 9, 14, 18, 21, 28, 29, 30, and 35 (excluding adverts for the sale of beverages).

This decision serves as a poignant reminder of the potential pitfalls of owning registrations for marks that become customary in the current language, risking becoming generic phrases in the relevant industry or more widely.

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