The National Lottery is an asset of the State and continues to be in State ownership.
Section 46 of the Act provides that the goodwill attaching to the names “Irish National Lottery” and “National Lottery”, and their equivalents in the Irish language, and to the name of any lottery game held under the Licence vests in the Minister.
Clause 7 of the Licence reiterates the above and provides that the Minister’s interests extend to any trademark rights attached to the National Lottery (e.g: the names of National Lottery games as well as the National Lottery logo which are registered trademarks). Clause 7 of the Licence provides that the Regulator shall, on behalf of the Minister, exercise all rights in relation to trademarks and copyright which are vested in the Minister. The Regulator does this by ensuring that the Operator uses trademarks in accordance with the Licence and that third parties do not use National Lottery trademarks without consent.
The Operator is required to display National Lottery trademarks on National Lottery equipment and all signs at retail outlets and on all advertisements. It is required to display the National Lottery logo on such equipment as well as on tickets and other documents produced by the Operator. This helps to ensure a visible presence for the National Lottery, particularly in retailers, and provides comfort to participants so they know that they are engaging with the National Lottery.
Additionally, the Operator must identify any unauthorised use of the trademarks by any third party and bring this to the attention of the Regulator, and take action to protect the trademarks, where necessary, under the direction of the Regulator.
We monitor the Operator’s use of trademarks on an ongoing basis and complete a structured review of the Operator’s compliance annually whilst also monitoring the possible use of trademarks by third parties.
Details of the outcome of these activities and any enforcement of the trademarks are included in the Regulator’s annual report each year, which you can find here.