beer names...do we copyright them?

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archjjg

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what is the general procedure for homebrewers who want to possibly copyright or secure their names of beers or even their brewery?....chances are most times nothing ever happens with the beer name, but sometimes you latch onto a name or phrase that you really don't want to lose. thanks.
 
You can't just trademark a name just because you feel like it either. You have to have the ability and intent to market the product. If you're just a homebrewer, you have neither.
 
so if I intended to 'market' the idea, with say t-shirts, even though the beer would never be sold, I would be able to trademark that logo or phrase.
 
I'm not sure exactly how it works....all the people I know that have bought trademarks went through a lawyer because (from what they've told me) it's a pretty complicated thing. I don't think the trademark costs that much but the legal fees would.....
 
Contact the US patent and Trademark Office at www.uspto.gov where you can search the trademarks in the data base is the first step.

Less expensive than lawyers Legalzoom.com

Less expensive still would be doing it yourself check out book on Trademark patents from Nolo Press amazon.com carries them

:mug:
 
rdwj said:
You can't just trademark a name just because you feel like it either. You have to have the ability and intent to market the product. If you're just a homebrewer, you have neither.
sooo not true!!! anyone at anytime can submit for a trademark even if you have no intentions of ever producing a product. a LOT of people trademark (me included I hold 5 total at this time) and never intend to market there product but, intend to sell the trademark for profit (not me)
JJ
 
also its a very painless process. you can do it online, It costs about 350.00 each and all you do is submit your trademark idea. it taks about a year to process at (least it has been taking that long for me). But you own the trademark the minute you submit IF... it comes back to you. its also known as "time of use"
JJ
 
To retain the TM you have to actively use it and market it in some fashion, otherwise others can use it freely.

My company holds many. I just went through a review w/ legal where they stated this. I wanted to remove it off a product we produce in favor of putting other markings on the product such as the part number.

I'm taking it off the product and marketing is adding it to the product literature. I think TM infringement is hard to enforce. I saw alot of people using the name on the web.
 
Even if you trademark a name, there's nothing from stopping a homebrewer on the other side of the country from putting it on his labels. He's not making any profit and not infringing on your trademark in any way (at least in my mind).

I suppose at most you would be protecting a name against the Big Boy breweries.

In the end, I doubt that it's worth the time or effort unless you plan on someday starting a brewery.
 
Jaybird said:
sooo not true!!! anyone at anytime can submit for a trademark even if you have no intentions of ever producing a product. a LOT of people trademark (me included I hold 5 total at this time) and never intend to market there product but, intend to sell the trademark for profit (not me)
JJ

Really? From the Harvard Law Center

http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

The basic idea is that trademark law only protects marks that are being used, and parties are not entitled to warehouse potentially useful marks.

... rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO"). ...

(1) The use of a mark generally means the actual sale of a product to the public with the mark attached. Thus, if I am the first to sell "Lucky" brand bubble-gum to the public, I have acquired priority to use that mark in connection with the sale of bubble-gum (assuming that the mark otherwise qualifies for trademark protection). This priority is limited, however, to the geographic area in which I sell the bubble gum, along with any areas I would be expected to expand into or any areas where the reputation of the mark has been established. So, for example, if I sell pizza in Boston under the name "Broadway Pizza," I will probably be able to prevent late-comers from opening up a "Broadway Pizza" within my geographic market. But I will not be able to prevent someone else from opening a "Broadway Pizza" in Los Angeles.

(2) The other way to acquire priority is to register the mark with the PTO with a bona fide intention to use the mark in commerce.
 
Even if you pay the $350 for a trademark and get it registered after a year, you still must have the funds to enforce it. This means lawyers and or lawsuits.
 
archjjg said:
so if I intended to 'market' the idea, with say t-shirts, even though the beer would never be sold, I would be able to trademark that logo or phrase.

It wouldn't protect you from someone selling beer under that name. You might be able to protect your t-shirt sales.
 
rdwj said:
It wouldn't protect you from someone selling beer under that name. You might be able to protect your t-shirt sales.

Unless you trademark it under multiple classes
 
SuperiorBrew said:
Unless you trademark it under multiple classes

But like I mentioned before - if you're not going to market a product, your trademark isn't worth ****. A guy that doesn't have the ability to produce commercial beer is NEVER going to be able to enforce trademarked beer names. It just won't stand up.
 
rdwj said:
But like I mentioned before - if you're not going to market a product, your trademark isn't worth ****. A guy that doesn't have the ability to produce commercial beer is NEVER going to be able to enforce trademarked beer names. It just won't stand up.

Yes - If you ask me its a waste of money.

This only pays off for the Gorilla that owns it and wants to hammer on a unoriginal theiving competitor.
 
The person who "creates" an original "intellectual property" has immediate and inforceable COPYWRITE protection WITHOUT formal documentation. In fact, many copywrite cases involve both parties "filing" for copywrites on the way to the courthouse.

Yes, you can formally create a copywrite registration but essentially all that means is that you're stating that on a specific date you intend on defending your ownership and creation of something original as of that date.

Trademarks are more formal and require more "upkeep" to keep them current and under your control (as many others have mentioned before).

Simply writing the famous microscopic "c" in a circle behind your original artwork, verbiage, etc - is enough to show this intent. This means that if you see someone else using your "property" that you will take action and it becomes a pissing match by both parties to determine who used the "property" first. It's also helpful to include the date in which the property was created as well.
 
The rights to a trademark can be lost through abandonment, improper licensing or assignment, or genericity. A trademark is abandoned when its use is discontinued with an intent not to resume its use. Such intent can be inferred from the circumstances. Moreover, non-use for three consecutive years is prima facie evidence of abandonment.


beerthoven
so sorry I forgot to add that its only available for the market for 3 years unless you use it and thats as simple as making 10 shirts with your trademarked logo and selling it to your brother. Bottom line is its really not worth getting them unless you intend to use them but in reality YOU CAN sure. But Im no lawyer... but I did stay at a holiday inn express last night:D
JJ
 
For the price it cost to trademark, I am just going to hire a big meathead for half the price to go brutally beat anyone who uses my names.

Seriously, it would be in your best interest not to use Floating Fish Brewery.

Seriously.:tank:
 
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