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Old 01-14-2010, 08:40 PM   #1
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Default Name Trademark/patent?

I am sure this has been posted (tried finding it w/ search but no luck) but I was curious if anyone could steer me in the right direction on how to trademark your homebrews brand name? I am not even sure if this is possible w/out it being for sale? I have been just making my home labels when I give it to friends and stuff but I don't want to lose my name. Thanks in advance. JP

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Old 01-14-2010, 08:42 PM   #2
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http://www.ehow.com/how_2180195_trademark-a-name.html
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Old 01-14-2010, 08:58 PM   #3
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Put a "TM" after the name. If you find that someone is trying to use the name, you have to take action and prove that you were there first. If they don't cease use, you have to take them to court. Hmm, not really worth it at the homebrew level for something you're not making money on.

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Old 01-14-2010, 09:08 PM   #4
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True. Very good point. Thanks for the replies though. JP

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Old 01-14-2010, 09:09 PM   #5
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you're taking brewing way to serious. just have fun

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Old 01-14-2010, 09:59 PM   #6
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jess have an effen beeeee-AH!!!!

The musician's cheap way (pronounced P-O-O-R) of doing this is to mail yourself a copy of the score (or label). File it away, and whenever it is opened for legal reasons, it is in front of a Notary Public, blah blah blah.

Now, go have dat Beeeee-AH!!!!

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Old 01-14-2010, 10:56 PM   #7
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generally a trademark has to be used in commerce for it to mean anything. the point of a trademark is to identify the origin of a specific product or service. Tons of info at http://www.uspto.gov/web/trademarks/workflow/start.htm and the various links. Wikipedia also has a good description. http://en.wikipedia.org/wiki/Trademark

I'd be curious to know whether distributing as homebrew counts as use in commerce, and whether various alcohol laws would get in the way.

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Old 01-14-2010, 11:11 PM   #8
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Quote:
Originally Posted by commonlaw View Post
generally a trademark has to be used in commerce for it to mean anything. the point of a trademark is to identify the origin of a specific product or service. Tons of info at http://www.uspto.gov/web/trademarks/workflow/start.htm and the various links. Wikipedia also has a good description. http://en.wikipedia.org/wiki/Trademark

I'd be curious to know whether distributing as homebrew counts as use in commerce, and whether various alcohol laws would get in the way.
A trademark DOES have to be used in commerce and the only thing you can get out of registering the trademark is the right to exclude others AFTER registration from using. Now, even if you register it and someone else is using it in the registered area (State or Federal Registration) prior to you registering, you will have NO basis to contest thier use.
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Old 01-14-2010, 11:13 PM   #9
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Quote:
Originally Posted by Bobby_M View Post
Put a "TM" after the name. If you find that someone is trying to use the name, you have to take action and prove that you were there first. If they don't cease use, you have to take them to court. Hmm, not really worth it at the homebrew level for something you're not making money on.
Sorry Bobby, you should ONLY use "TM" to indicate a REGISTERED trademark. DO NOT USE 'TM' if you have not registered your trademark.

EDIT: This reply was unclear. You should only use 'R" if its registered with the Feds. I suggest not using TM unless you have at least registered it with the state (if allowed) and/or you actually use the trademark in commerce.
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Last edited by BigB; 01-15-2010 at 12:26 AM. Reason: Clarification
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Old 01-14-2010, 11:22 PM   #10
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Quote:
Originally Posted by BigB View Post
Sorry Bobby, you should ONLY use "TM" to indicate a REGISTERED trademark. DO NOT USE 'TM' if you have not registered your trademark.
Isn't ® a registered mark? I think a ™ is for an unregistered mark. I can't imagine it helps or hurts to put a ™ on something like homebrew.

I agree with your other post.
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