Start-to-Finish: Your Dedicated Beer Lawyer

If you’re getting into the art of brewing, on your own, odds are you’re looking to take your beer, wine or liquor into the retail space (if even locally). But what many people don’t know is the legal processes that must be in place to start distributing your own line of craft beers. When it comes to liquor licensing, there are a lot of federal and state licenses that need to first be applied for.…

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Trademarking your beer

When it comes to protecting your products or latest brewery creations, there’s a lot of confusion surrounding the difference between trademarks and copyrights. What’s a trademark, and why do I need it? A trademark, in the simplest of terms, is a word, phrase, symbol and/or design that will not only help identify your product, but also help distinguish your product from competitor brands. It’s…

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Hiring the right “beer lawyer”

When it comes to hiring the right beer attorney, you can never go wrong with a thorough vetting process. But what is it, exactly, you should be looking for in the selection of an attorney for your brewery or business? Whether you’re operating a brewery, brewpub, bar or craft beer bottling company, you’re running a business. And like any other business owner out there, you’re more than likely…

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Clothing Trademarks – is your trademark a “brand identifier” or just a decoration?

Trademarks are used to identify products. A trademark tells you about the product (usually who made the product and a certain level of quality). In order to file a trademark for clothing, you have to use your trademark to identify the clothing as belonging to the trademarked brand and not as a decoration. Trademarks that are only decorative do not identify and distinguish goods and do not act as…

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Trademarks, Beer and State Lines

Trademarks, Beer and State Lines I don’t distribute out of state.  Can I still trademark my beer names? The short answer is YES! The Lanham Act (also known as the Trademark Act of 1946) is the federal statute that governs trademarks.  Generally, the Lanham Act requires that a mark is used in interstate commerce before it may be registered as a federal trademark. Fortunately, interstate commerce…

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Trademark Costs for Beer and Breweries

Trademark Costs for Beer and Breweries So you’ve decided to make the leap and apply for a trademark for your beer or your brewery. You’ve settled on a word, phrase or design that is suitable for trademark, done your clearance search to make sure nobody else is using that mark, and are ready to apply. You go to the United States Patent and Trademark Office (“USPTO”) and start to look at the long…

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Using Names in Beer or Brewery Trademarks

Using Names in Beer or Brewery Trademarks You have a great idea for a beer concept and want to have a catchy name for the beer or brewery, so you decide to use your old uncle Bob’s name. Can you trademark Bob’s name for your beer or the brewery? It depends. Can You Trademark a Name? One of the grounds used by the USPTO for refusal to register a mark is Section 2(c): “Consists of or comprises a…

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Trademark, Copyright or Patent – Which is right for your business?

Trademark, Copyright or Patent – Which is right for your business? There is often a great deal of confusion over whether a trademark, copyright or patent is the appropriate intellectual property solution. Whereas copyrights and patents protect original creative works, trademarks protect business branding and good will in the marketplace. Copyrights Copyrights are granted under federal law…

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