FOM makes new claim to F1 name rights.

Bernie Ecclestone's Formula One Management has renewed its pursuit of exclusive rights to the use of the Formula One and F1 trademarks - and underlined its desire to acquire them by shutting down its own magazine.

The FOM-owned Formula One Magazine was axed at the end of January, leaving the rival F1 Racing as the only glossy monthly publication in mass supply. However, grandprix.com points out the addition of a notice - which states that 'Formula One, Formula 1 and F1 are trademarks of Formula One Licencing BV, a Formula One Group company, and are used under licence' - to the cover of the latest edition, suggesting that publisher Haymarket has had to acquire a licence under which to use the F1 mark in its title.

The move comes in the wake of a failed previous attempt to secure exclusive use of the names, which was turned down by the World Intellectual Property Organisation [WIPO] in 2000 because the FOM could not provide sufficient 'proof of considerable use' that would allow the marks to 'acquire sufficient distinctiveness to justify [their] registration'. The WIPO also ruled that the FOM had not shown that its reputation was 'so widely established as to give [it] the right to claim that any commercial use of [the marks]...' could be 'taken to imply a connection with them'.
The apparent deal between the FOM and Haymarket is likely to strengthen the former's case as F1 Racing has a number of international and foreign language editions, and could provide proof of 'considerable use'.

Should the WIPO now rule in the FOM's case, it would be able to pursue any individual or company using the names Formula One or F1 in relation to motorsport - and possibly other businesses - to force them to acquire a licence for their use, effectively increasing the income for the FOM.