In this article, Ruth Bond explores the origins of Birds Eye®, tracing how one man’s frozen food innovation evolved into an iconic brand protected by trade marks.
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Did you know that Clarence Birdseye invented the fast-freezing food process in 1924?
I must be honest, in my ignorance, I assumed Birdseye was a made-up brand name, not the surname of the man who would change the frozen food industry and become the founder of the successful frozen food business, Birds Eye®. It transpires that this inquisitive American, born in 1886, after moving to Labrador, Newfoundland, in about 1917, realised there was freezing food… and then there was fast freezing food. He learned the difference from the local Inuit who taught him how to survive the -40° weather. Freezing food wasn’t a new phenomenon. The usual freezing process for fish usually took time and could result in the formation of ice crystals which would expand or break the cell walls of the fish. This in turn affected the look and taste of the food. Fast freezing (demonstrated perfectly by the inclement weather of Labrador) prevented the formation of ice crystals and once the fish was thawed, it was as firm and as fresh as if it had just been caught. This realisation prompted Clarence Birdseye to perfect and patent the fast freezing process which transformed the food industry forever.
So began the rise of Birds Eye® in the frozen food business and in 1938, frozen food was introduced into the UK.
In 1967, Birds Eye created a mascot, Captain Birds Eye®, who quickly became synonymous with frozen fish products. Television advertisements were launched featuring the jolly sailor with the thick white beard, surrounded by his crew of children. The Captain® was played by John Hewer until his retirement in 1998. Fun fact: In 1993, after Captain Cook, Captain Birds Eye® was voted the most recognised sea captain! Captain Birds Eye® has been played by other actors since 1998 and in 2018 Italian seafarer Riccardo Acerbi took the helm.
Even though the actors may have changed, the concept of the Captain® has not and he has stood the test of time when other company characters have disappeared. But as the advertising campaigns have evolved and updated as the years have gone by, so has the trade mark protection.
Trade Mark protection is very important for all businesses. Trade Marks (and other forms of intellectual property) are assets of your business. Nomad Foods, the owners of the Birds Eye® brand since 2015, as well as the previous owners of the brand, have recognised this importance and have ensured that trade mark protection for the word marks CAPTAIN® and CAPTAIN BIRDS EYE® and the different images of the Captain® over the years have been secured, for example:
The most recent registered trade mark depicting the Captain® is: 
He still has the beard, but he has been given the modern makeover whilst preserving the nostalgia associated with one’s childhood growing up watching the TV adverts of the Captain® and his sea faring expeditions.
At HLK, we recommend that all businesses take a leaf out of Nomad Food’s frozen food book and consider whether its trade mark protection is up-to-date. Have you launched any new brands? Have you updated your logo recently, given it a new lease of life? If so, it might be worth considering whether an updated trade mark application needs to be filed.
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This is for general information only and does not constitute legal advice. Should you require advice on this or any other topic then please contact hlk@hlk-ip.com or your usual HLK advisor.