Copyright Beer Name

Copyright Beer Name: I am wondering as I have nine brews under belt, names of my beer. I eventually want to open a small brewery tasting room type establishment and have names for my beers. But wondering what I need to do to secure my names. Do I have to have the brews certified or have labels made up before I can do that? Thanks for any help.

You mean trademark, not copyright. Copyright is a publishing term!

Your can trademark a "brand," including a logo and the way the name is presented, like the font, colors, etc., but you can't trademark most common words themselves. You would have to have a unique name that is not already registered for any product or service.

You can search to see if what you want is available through the US Trademark office here: http://www.uspto.gov/trademarks/index.jsp

The site also has all of the information you could ever want. Once you are ready to apply for your trademark, do a google search and there are hundreds of quicky law offices that will do one for about $150.00 per application.

Good luck!

TopherM said:

You mean trademark, not copyright. Copyright is a publishing term!

Your can trademark a "brand," including a logo and the way the name is presented, like the font, colors, etc., but you can't trademark most common words themselves. You would have to have a unique name that is not already registered for any product or service.

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Unless you are Apple or Microsoft.

What do you mean? Apple has a trademark of their brand. They don't own the name "Apple." I go to the grocery store weekly and see fruits marketed as "Apple." Shipyard Brewing has an "Apple Ale." You can't trademark common terms, just the logo and certain branding conventions.

Apple and Microsoft don't have anything special about them. They follow the rules. Maybe you mean that if they don't have the trademark, they just go out and buy the company that does??

TopherM said:

What do you mean? Apple has a trademark of their brand. They don't own the name "Apple." I go to the grocery store weekly and see fruits marketed as "Apple." Shipyard Brewing has an "Apple Ale." You can't trademark common terms, just the logo and certain branding conventions.

Apple and Microsoft don't have anything special about them. They follow the rules. Maybe you mean that if they don't have the trademark, they just go out and buy the company that does??

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Well, or they buy the rights to the name from someone who doesn't own it (see: ipad), or they create new corporate entities to speculatively trademark words they might use a couple years in advance to see if anyone is going to put up a fight.

they play "by the rules" but it helps to have money and power when you want the referee to rule in your favor.

and off topic we go...

Anyways back to OP. If you want to trademark you need to figure the categories you want to trademark under, then figure out what is needed to submit the paper. Just note that its $325 per category that you want to trademark on top of any other fees you might incur. Lawyers are good to help you through the paperwork. Depending on how "do it yourself" you are, you can always read the sections of the handbook that will apply to the categories you are trademarking to know what is needed to submit plus the forum found on their webpage. Then if you get an Office Action back, depending how complicated it is you could look for a lawyer then to help.

Just note a lot of breweries trademark under:
Beer" is in International Class 032 (goods class) "Light beverage"
Brewery Services" is in International Class 040 (service class)

And they will need samples of the mark your submitting in use.

Hopefully this somewhat helps, I am no means an expert and there may be more steps needed in the process.
http://www.uspto.gov/

"e application filing fee for the TEAS Plus version of the form is $275 per class of goods and/or services, but with stricter requirements, while regular TEAS is $325 per class."

Speaking of speculative trademarks, I read a few years ago that each and every tobacco company has shell companies set up that own entire portfolios of commercial marijuana trademarks. You gotta think ahead! :fro:

All the advice about the USPTO and the filling of the marks I'd sound, but the problem is, you can't trademark a name unless you are actively using it in commerce. You can't protect your beer name with a trademark until you are actually selling the beer.

You can file what's called an intent to use, but you still have to get your product sold in a fairly short time frame from filling.

SittingDuck said:

All the advice about the USPTO and the filling of the marks I'd sound, but the problem is, you can't trademark a name unless you are actively using it in commerce. You can't protect your beer name with a trademark until you are actually selling the beer.

You can file what's called an intent to use, but you still have to get your product sold in a fairly short time frame from filling.

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This. And IIRC, you don't actually have to register the trademark, but it helps make your case and may improve your options if you win an infringement case. Making proper, consistent use of a unique name is the key here.

As has been covered above, descriptive terms cannot generally be copyrighted. The reason "Apple" is ok, even though it's a simple word describing an everyday object, is that it's unrelated to the products it's used to name.

So, basically, there's nothing you can do now to prevent someone from "stealing" one of your names, except keep them to yourself. But really, I don't think it's worth worrying about.

Registering a domain name is also a good way to show "use" of that name.

IFMracin said:

Registering a domain name is also a good way to show "use" of that name.

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Just make sure to use a parking page. Not using the domain name would be the first thing the internet cops look for if there is ever a debate over it's use.

Homercidal said:

Just make sure to use a parking page. Not using the domain name would be the first thing the internet cops look for if there is ever a debate over it's use.

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If the parking page is going to do any good, it better be very specific to your business (not one of these generic, registrar-provided "This site is coming soon" pages), and it better not sit there for long. If an issue actually arises, you'll need to be able to demonstrate that you weren't squatting, which will require you to show that you were just holding the name while you got your business in order.

Re-reading the OP, I think maybe the question was a little more specific than some of the answers. When the time comes, if you want to establish a trademark (which is all that a beer name is), there's not a whole lot you need to do besides make consistent use of the term in business in a proper way, and notify anyone who you find using the name that you consider it yours. There are many other things you can and perhaps should do, but those are the fundamental things that establish the trademark as yours.

Really, though, there's not much sense worrying about the naming far in advance of establishing a business. A clever name isn't going to make or break the brewery. You do want to think ahead a little bit, but the more important thing to do initially is make sure that your clever name isn't already being used. That's a LOT more likely to be an issue than someone coming in and stealing your name before you have any market presence.

Note also that you will want to look at businesses other than just beer when picking names. In principle, a trademark is only valid in the area of business of the product. This is why Apple Computer and Apple Records could both exist (at least, until Apple Computer entered the music business). However, if the other trademark is well-enough known, you are opening a huge can of worms if you try to use it. If you tried to open an Apple Brewery and make Ol' Mac Lager as your chief product, that's not going to work.

Correct me if I am wrong, but don't you have to prove interstate commerce in order to receive a US trademark?

Whippy said:

Correct me if I am wrong, but don't you have to prove interstate commerce in order to receive a US trademark?

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I don't believe that is correct. Here's a useful link (and more information can be found by navigating from there): http://www.uspto.gov/trademarks/basics/definitions.jsp

I believe simply being engaged in commerce with the product is sufficient. I think there can be issues related to geography, at least with service marks---i.e., you could have simultaneous trademarks for Bob's Brewing Company in separate regions. Having a wider distribution, as might be implied by interstate business, might give you more power if a conflict between regional marks came up, but I don't believe it's strictly required.

+1 top Zeg. Both posts were solid advice. Here's trademarks in a nutshell: you protect a trademark, such a beer or brewery name, by using it as a trademark in actual commerce. if you want federal registration it has to be interstate commerce. It is the use, not the registration, that provides protection to the mark. Registration does not provide any additional protections over unregistered use. Registration provides notice to other users and proof of ownership, not actual ownership. That, again, comes from use in commerce.

A domain name is good proof of use, so long as you are offering actual goods or services on the Web page. If you aren't, you aren't using it in commerce. Moreover, if you tried a federal registration based on the domain name, you have to state in the application that you are using the mark in commerce. If the TM office finds out that's not true, they can call it fraud and deny you your mark.

Long story short, you can't protect your beer name until you are selling your beer.

FYI, i am actually a trademark attorney. I do this for a living, so I'm not just talking out my ass. I am talking out my ass, but not JUST talking out my ass.