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-   -   Trademark? Copyright? what? (http://www.homebrewtalk.com/f14/trademark-copyright-what-176266/)

strahmhv 05-03-2010 10:41 PM

Trademark? Copyright? what?
 
Hey, i'd like to legally protect my brewery name just incase i realize my dream of opening a commercial brewery one day. Does anyone know the best way to do this? Or at least point me in the right direction?

doctorRobert 05-03-2010 11:43 PM

I guess you could trademark it but unless you actively pursue it, it may not mean anything....

i.e. if you trademark it and dont actually brew commercially, and bud opens up a brand of beer with the same name... i dont think your case will hold up.... Unlike squatting on a domain name, you can't just trademark anything you want and keep it protected without pursuing it.

ClaudiusB 05-03-2010 11:52 PM

Quote:

Hey, i'd like to legally protect my brewery name just incase i realize my dream of opening a commercial brewery one day. Does anyone know the best way to do this? Or at least point me in the right direction?
You can not reserve (limited) a trademark for future business, read how intent-to-use works.
I lost one.

http://wsd-ais-03.uspto.gov/asxgen/N...50kb-15fps.wmv

http://www.uspto.gov/trademarks/index.jsp

Edit: How long does an Intent-to-Use applicant have to allege actual use of the mark in commerce?

An applicant may file an Amendment to Allege Use any time between the filing date of the application and the date the Examining Attorney approves the mark for publication. If an Amendment to Allege Use is not filed, then applicant has six months from the issuance of the Notice of Allowance to file a Statement of Use, unless the applicant requests and is granted an extension of time. If the applicant fails to file either an Amendment to Allege Use or a Statement of Use within the time limits allowed, then the application will be declared abandoned. No registration will be granted.

Cheers,
ClaudiusB

strahmhv 05-04-2010 03:54 AM

Thanks for the information, i'm going to take a look at those links.

mezak1gd 05-04-2010 04:14 AM

Even if you do not apply for one, a trade name is yours as long as you are using it and can prove dates and such. The problem is you can't really "use" a beer brand without distributing and such which may be illegal. Is it really likely that someone would steal your name though?

giligson 05-04-2010 04:36 AM

use you "brand" name to sell something other than beer (ie. something with less legal hassles) then you can trademark it as it becomes your business identity. Later you can extend your business to beer and alcoholic beverages selling under the same brand.

Cart 05-04-2010 05:03 AM

A brewing blog is a legitimate business (provided you sell ad space). This could be an idea. Name the blog after your brewery. I'm not a lawyer, but someone here can probably comment on whether that's and adequate solution.

riverfrontbrewer 05-04-2010 12:34 PM

To add to some of the info here......google your state's Sec of State office, then look for a business link....you can usually find business licensing/trademark info here.....good reading if nothing else.

Sigafoos 05-04-2010 02:40 PM

http://smallbusiness.findlaw.com/tra...nfo-links.html

There's a link to to info by state. It seems like quite a lot of money 'just in case' but hey, it's not my money :)

slowbie 05-04-2010 03:02 PM

Quote:

Originally Posted by Cart (Post 2041220)
A brewing blog is a legitimate business (provided you sell ad space). This could be an idea. Name the blog after your brewery. I'm not a lawyer, but someone here can probably comment on whether that's and adequate solution.

I'm no lawyer either, but I'm quite sure that it's important that the blog be about brewing, because IIRC, if you name your septic tank cleaning company "Brown Mound Operations" and I start a brewery two years later and call it the same thing, that's not a trademark issue because of the unrelated and noncompeting business areas.

PS: please nobody name a brewery or septic cleaning company brown mound operations.


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