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Thread: Brewery name search

  1. #1
    Join Date
    Oct 2006
    Location
    USA
    Posts
    25

    Brewery name search

    Hi All,

    Looking for some input on Brewery name searches. I've done a google search, and a Brewer's Assoc. search. I suspect I need to do a more comprehensive search. Suggestions?

  2. #2
    Join Date
    Jun 2010
    Posts
    309
    The only search that you need to do is USPTO search.


    Sent from my iPhone using Tapatalk

  3. #3
    Join Date
    Oct 2006
    Location
    USA
    Posts
    25
    Thanks for the suggestion. On the USPTO website I did a TESS search and found no matches, which I thought was good, until I searched a few brewery names I know to exist, and found no matches there either. I then searched bigger brewery names and sure enough, matches. Does this mean that the smaller, less famous breweries haven't applied for a trademark?

  4. #4
    Join Date
    Feb 2013
    Location
    Littleton, CO
    Posts
    41

    Databases to search

    Quote Originally Posted by Thirsty_Monk View Post
    The only search that you need to do is USPTO search.
    I am a trademark attorney, and I strongly disagree. If you only look at the USPTO's database, you won't be aware of unregistered third party use of similar marks. I would recommend at least looking at:

    1. TTB's public COLA registry
    2. Beer enthusiast websites (Untappd, Beeradvocate, Ratebeer)
    3. USPTO's TESS - using expanders, searching classes 32, 33, 43. Beer/wine/spirits/restaurants (and even other goods/services) have been deemed similar enough to beer to create a likelihood of confusion for similar marks.


    Also, check Google to see if there have been any trademark disputes over the mark, as well as the TTAB's database for the same reason.


    Dan Christopherson, Associate Attorney
    dan.christopherson@bevlaw.com
    Lehrman Beverage Law, PLLC
    202-449-3739, ext. 708 (phone) | 202-478-5189 (fax) | www.bevlaw.com

    Lehrman Beverage Law, PLLC,

    VA Office:
    2911 Hunter Mill Road, Suite 303, Oakton, VA 22124

    CO Office
    6638 W Ottawa Ave #220-3, Littleton, CO 80128

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