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
Name Trademark/patent?
- Thread starter JaePee
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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.
Nickeldeposit
Well-Known Member
you're taking brewing way to serious. just have fun
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!!!!
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!!!!
commonlaw
Well-Known Member
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.
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.
BigB
Well-Known Member
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.
BigB
Well-Known Member
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.
commonlaw
Well-Known Member
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.
ClaudiusB
Well-Known Member
Should I register my mark?
Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with
the goods and/or services listed in the federal trademark registration.
Info from US Patent and Trade Mark Office.
I used to have a trade mark, its dead now.
Cheers,
ClaudiusB
Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,
* constructive notice to the public of the registrant's claim of ownership of the mark;
* a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
* the ability to bring an action concerning the mark in federal court;
* the use of the U.S registration as a basis to obtain registration in foreign countries; and
* the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
When can I use the trademark symbols TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark , and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with
the goods and/or services listed in the federal trademark registration.
Info from US Patent and Trade Mark Office.
I used to have a trade mark, its dead now.
Cheers,
ClaudiusB
BigB
Well-Known Member
Agreed. But, it doesn't do you any good unless its used in commerce. Also, I should have clarified earlier, that if your state allows it, you can register at the state level for protection at the state level.
Distributing homebrew for trade in any organized fashion is almost universally illegal, so it would not be considered commerce.
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I've registered a couple of trademarks before. Start at uspto.gov. You can look up the database and see if the mark you want to use is registered. The TM is the initial mark you use on your product after you start working with a Patent and trademark Attorney in Washington. Once you have the TM, no other company can use your name or design while it's going through the application process.. It takes about two years to get the registered mark. You also have to be using or about to use your product in the marketplace. You can have an attorney do this for $1000-$1500 or you can easily do it yourself. The register "R" is good for 10 years. It's been 7 or 8 years since I registered a mark and it was under $500.
LOL. Ok ok. I wasn't planning to open a brew pub or anything, I was just curious as to how one would go about it is all. Or if anyone on here has done it. Thanks for the replies and I am going to go and have that beeee-ahh! Peace JP
jdp
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I thought of this as well, but I just picked a name that was lame enough that no one else would want to use it.
And my motto is "brewed in strict defiance of the german purity law"
And my motto is "brewed in strict defiance of the german purity law"
jdp
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jdp
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This topic interests me. I am having a bit of an issue along these lines. I registered my name with the state, like I normally do when I am registering a new website. Just in case I want to use it someday as a business.
So I came up with a name that I liked for my beers. Bonfire Brewing. I registered bonfirebrewing.com. I searched the state database for similar names and that specific name it was not being used. Well one day I was searching google and came up with a link for Bonfire Brewing brew pub in Michigan I think. Turns out they are no longer in business. They shut the pub down in 2007.
What rights would they have to the name? If I start using the name commercially can they ask me to stop? I have not registered the name at the federal level yet, just in Colorado. I have no intentions of being a distributing brewery. My only intentions for the future is a pub. So my beer will not go out of state at that point.
Should this concern me?
So I came up with a name that I liked for my beers. Bonfire Brewing. I registered bonfirebrewing.com. I searched the state database for similar names and that specific name it was not being used. Well one day I was searching google and came up with a link for Bonfire Brewing brew pub in Michigan I think. Turns out they are no longer in business. They shut the pub down in 2007.
What rights would they have to the name? If I start using the name commercially can they ask me to stop? I have not registered the name at the federal level yet, just in Colorado. I have no intentions of being a distributing brewery. My only intentions for the future is a pub. So my beer will not go out of state at that point.
Should this concern me?
BigB
Well-Known Member
If they have abandoned use of the name in commerce, they have no rights to it. Also, merely non-use for 3 years also qualifies as abandonment. But, if they are currently spending money in preparation to use the name soon (such as preparing labels and advertisement) then they retain the rights to the name. Finally, if the name is not registered, they would have no rights to the name beyond the geographic area in which the name was used.
BTW: Registering a name without using it commerce gives you no protection. The name must be used in commerce, registered or not.
jdp
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Too late, I sent it to registered mail to myself two days ago, and now with your post dated after my postmark date I will only allow you to use my motto for a fee of 1 22oz bottle from each batch you produce. I mean it too, My cousins father in laws friends uncle went to law school for half a semester, so I can get all the legal advice I need.
