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Thread: beer names

  1. #1
    Join Date
    Sep 2018
    Location
    Dunedin FL
    Posts
    64

    beer names

    Sorry for the newbie questions. My first time looking at the USPTO site.
    Do you TM all your beer names?

    After speaking with someone at USPTO I'm confused. I thought you had to TM every name. I was told I only need to if I want to protect it.

    I'm a little 2bbl tasting room so worst case a big guy starts using my number one selling beers name and I have to change my beers name. Is this accurate?

    Also if I am going to TM a bunch of beer names is it a separate fee for each name or can I lump a bunch on one application for a single fee?

    Thx

  2. #2
    Join Date
    May 2012
    Location
    Livermore, CA
    Posts
    688
    Actually, first use in commerce is what matters. For instance, if you have a beer named "x" and another brewery begins to use the same name, then you would have the rights to it even if you didn't have the trade mark. At that point, you would need to begin the trademark process for the name to protect it, along with reaching out to the other brewery to ask them to stop using it. You might even have to send a cease and desist, but in my experience, that is not needed.

    First use in commerce is defined as the date of first sale, not the date you came up with the name, or the date you sent out a message that "x" beer is coming soon.

    Its getting harder and harder to come up with great names, the easy ones have been used already. So be prepared to defend your rights to a name, if you don't, then you forfeit your claim to it and someone else can trademark it. We had someone trademark a name that we had used, but because we could show first use that preceded theirs by years, we were able to get their trademark over turned and we then registered it as ours.

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