The craft beer movement continues to grow, and while that is good news for consumers, it can pose a challenge to craft beer professionals determined to develop memorable names for their business and its brews, and to create eye-catching labels that will capture craft beer lovers’ attention on crowded store shelves.
The U.S. Patent and Trademark Office has more than 12,000 beer brands registered. No wonder up-and-coming craft breweries struggle to trademark beer names that have not yet been taken!
When a new craft brewery operator registers his business with the state, and gets the go-ahead to proceed with the name he has chosen, he may mistakenly believe that that means his business name is not yet in use by anyone else in the country, and that he has the right to use that name as he chooses.
That is not necessarily the case. Simply because there is not yet a business in California, for instance, named ABC Brewery, that does not mean 1. That there is no other brewery in the country with that name or 2. That the California brewery operator has the right to use that name on a product.
Compounding the problem is the new brewer’s finite amounts of time and money. He may not invest enough of either in researching his desired brewery (or beer) name to make sure it is not already in use.
On top of all these challenges, the size of the industry now makes it common for lawyers to get involved earlier in the trademark dispute process. When the number of breweries was smaller, it wasn’t unusual for the brewery professionals to simply work out a solution to their problem together. But now, a young brewery might receive a cease-and-desist letter after news of its new beer release draws the attention of a more mature brewery that already has a brew with that same name.
And it’s not only trademark ber names that can spark this type of dispute: it could revolve around label design, font, tap handles, even bottle design.
Protect your business and yourself from unnecessary legal battles: take the time to conduct a thorough search of business and beer names before investing in marketing the name you have chosen… which may already be in use by another commercial entity.
For more than 25 years, Beall Financial and Insurance Services, Inc., has been helping corporations and individuals protect their most important assets. The agency’s client base covers a spectrum of niche businesses, such as craft breweries, that require specialized insurance packages and knowledge. With California offices in Redlands and Newport Beach, Beall Financial and Insurance Services serves clients nationwide.
