To all of the wonderful readers on the Brewery Law – thanks. The overwhelming amount of response I have had from brewers around the country has been humbling. I promise to keep on with the blog. It’s been a blast.
In the meantime, I wanted to do something I normally do not: Talk to other lawyers. In my on-going quest to ensure that every brewer has adequate and cost-effective counsel, regardless of location, I am making a call out to lawyers in other jurisdictions. Please introduce yourselves! I am regularly contacted by brewers that I cannot assist due to jurisdictional restraints. And as we all know, there is a serious gaping hole where the Alcoholic Beverage Law community should be.
Many brewers think that their brand is an afterthought. Others believe it is the end-all-be-all to their success. Well, there is no doubt that a brewer’s brand is incredibly valuable. The logo, design, and copy on the packaging all require attention – early on.
So I am often asked by brewers to tell them when they need to go about protecting their name and logo. The answer: yesterday. The craft brewing industry has become swollen. There is a massive group of potential branding competitors and you do not want your brand to become confused with another. Therefore, you need to be proactive and take some steps to ensure that your brand stays yours, and yours only.
Even before you get to brewing commercially, you should focus in on a theme that represents what you make as a brewer. The theme will help you easily craft a name and logo that fit your motif. Once you hammer it down and work with an artist to put your vision on display – it’s time to be proactive and protect it.
Before you speak to an attorney, you could do the following:
Search TESS, the federal trademark registry. Look for other “beer” related brands that might be confusingly similar to your own name.
Search COLAS public, the federal label registry. Look for other labels and brands that are on the market with a similar name – heck even a specific beer with your brewery’s name would be potentially a threat.
Check for available Domain Names. Go to your favorite online domain provider (GoDaddy, 1&1, etc) and search for your name and similar variations (i.e., if you pick Little Bear – look for Small Bear, Tiny Bear, etc)
Check for social media availability. Go to Facebook and Twitter and make sure someone else is not using your handle for a branding purpose.
Once you have satisfied yourself that you have a brand — call your counsel and file your trademark. Under federal trademark laws, you have the ability to file on the basis of “intent to use,” meaning that you are not required to prove to the US Patent & Trademark Office that you are currently using the mark in interstate commerce. Instead, you get some time to get the brewhouse in place, fire up the kettles and begin making beer.
A federal trademark registration is the best way to inform the general public that you intend to use this brand. You can file a mark for either your name alone, your logo alone, or a combination of the two – so there is little reason to delay.
Be proactive and protect your brand early on. It’s simple, efficient and effective. Then, get back to brewing.
Looking for more beverage law across the web? Me too. The ABA 100 Blawg Amici is up for votes right now, and I can assure you that you are likely to see a glaring omission from the representatives in beverage law. Here are a few of my favorites though, if you are looking to add to your Google Reader list:
The blog is written by a collective of attorney out of the firms offices in Washington, Oregon and California. Seattle attorney, Susan Johnson, offers her own perspective from time to time, including a bevy of discussion on the liquor Initiatives (1100 & 1105) that hit the ballots in Washington over the past two years..
Probably the first blog I ever started reading. BevLog is a collection of commentary on label submissions from around the country, as well as the TTB regulations that you and I both know very well. Written by Robert Lehrman and his team at Lehrman Beverage Law in Virginia, it has become my personal favorite.
Booze Rules Blog
Hinman & Carmichael are a staple in alcoholic beverage law. This California firm represents some serious clients and has excellent commentary on new laws, and old. The firm’s Booze Rules Blog is relatively new, but I hope that the postings pick up.
The newly minted law is modeled after a recent law that permits the sampling of beer and wine at grocery stores. But the new law is merely a first step, targeting only 10 sample markets and limiting sampling to one brewer or winemaker per market, per day.