Economic Development Minister Laurence Skelly has admitted the department stuck too rigidly to its principles on the TT branding issue.

A written response to the original House of Keys question on the matter was distributed in advance of the sitting because Mr Skelly was away on government business on Tuesday.

In it, Mr Skelly outlines the principles behind the branding issue, but also admits: ’We have probably stuck a little too rigidly to these basic principles and it has not been entirely obvious what people can and cannot do.

’My department has been working on a new policy and guidance to simplify the processes around licensing and to make it clearer to all concerned when a licence is required and when it isn’t.’

The policy is now available on the government website.

’We intend to permit the on-island use of the word mark "TT" for the naming, advertising and promotion of services without licence to help businesses on the island promote and support the events and our fabulous visitor experience,’ he said.

’If you wish to provide TT Tours or have a café that wishes a TT special menu or to sell a TT bundle of goods, then on the condition you recognise the department’s ownership of the brand on an ongoing basis then you can do so without any further action or application to the Department.

’If you are attempting to link your service to the official events, or wish to make it sound "official" or "partner" or then you will need to come and discuss a licence, which will of course require the payment of a fee as we have limited licences.’

In the actual guidance now issued by the department on TT intellectual property, it states:

’No use of the name TT or the associated branding should be made by any third parties without the consent of the department. Reference to the races using the letters TT - but not the logo - may be made for non-commercial purposes, provided the use of "TT" is in a purely descriptive capacity.

’In particular, if you use TT it must not suggest that you are offering a product or service that is in any way being promoted as being "official" merchandise or otherwise authorised or licensed by the department and as long as you are not generating revenue from the use of the trade marks.

’If any reference is made to the TT in a descriptive manner, the reference to TT should include the ® symbol and be accompanied by a notice that "TT is a registered trade mark of the Department of Economic Development (a Department of the Isle of Man Government)".’

The Manx Independent asked the DED how that would work in practice with regard to the media when it was reporting on the TT. For example, if the Daily Telegraph was to write a race report on the TT, would it have to include the message about the TT being a registered trademark?

We also asked how it would apply to amateur photographers sharing their pictures online, or to blogs and social media posts.

As the Manx Independent went to press, the department was preparing a response to our queries.

The unacceptable practices by third parties without trademark registration that are specified in the guidance include using the letters TT in a domain name or company name, in reference to the races, using the TT on clothing or merchandise.

During Tuesday’s Keys sitting, DED member Rob Callister said the best way to make sure you were not transgressing the rules was to contact the department.

Earlier this week the Isle of Man Examiner revealed that the crazy golf course in Ramsey’s Mooragh Park was charged for using the TT name.