Written by ASHLEY HANKE
TRADEMARK APPLICATION CONSIDERATIONS
FOR ALCOHOL BEVERAGE BRANDS
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ost craft distillers and alcohol beverage brands have come to appreciate the value in seeking trademark protection for marks that are used as brand names, specific product lines within a brand, the name of a craft distillery, or other alcohol-related offerings or services. Intellectual property is an important asset in every business, and like other valuable assets, many craft distilleries seek federal trademark registration to protect the reputation and goodwill that consumers come to associate with a particular brand or distillery over time. Searching the United States Patent and Trademark Office’s (USPTO) and the Trademark Electronic Search System (TESS) is essential to conducting a trademark clearance search to determine whether there are any confusingly similar trademarks registered for the same or similar products and services. However, conducting a trademark clearance search and choosing to submit a trademark application should not be the only considerations when seeking federal trademark protection, as application logistics are another important step in securing a trademark. Once you have decided to proceed with a trademark application for a particular mark, it is also equally as important to adequately protect your trademark by ensuring that the scope of federal protection that your mark receives is fair, accurate, and provides you with the broadest scope of protection in relation to the types of alcohol beverages you produce and sell, or the types of services you provide. Therefore, choosing the proper
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international class within which to register your trademark, as well as how you define the products and services that the trademark will represent is essential, since this will define the scope of federal protection afforded to your mark.
Choosing an International Trademark Class for Registering Goods and Services: A trademark’s international classification provides information about the type of service or goods that a trademark represents. As of September 1, 1973, the international classification of goods and services, the “Nice Classification,” is the controlling classification system used in the United States. Prior to registration, each good or service in a trademark application must be classified in its appropriate international class. For example, distilled spirits and wine are classified under international class 33 and beer and other non-alcoholic beverages are classified under international class 32. Choosing the international class for your
alcohol beverage brand, products, or services for which you seek trademark protection is a rather straightforward decision; for distilleries, it usually comes down to a handful of options, such class 32 for beer products, class 33 for wine and distilled spirits products, class 35 for distillery start-up or incubation services, class 40 for distillery services, class 43 for restaurant or bar services (state law permitting), and class 25 for t-shirts and apparel, commonly sold in distillery gift shops or tourist centers.
Describing Goods and Services Covered in a Trademark Application: Upon choosing an international classification, such as international class 33 which broadly encompasses all alcohol beverages except for beer, in some instances, the classification may be too vague to sufficiently identify and define the goods and services that the mark represents. Therefore, the USPTO provides a listing of pre-approved goods and services descriptions that can be found in the Trademark Next Generation ID
Many craft distilleries seek federal trademark registration to protect the reputation and goodwill that consumers come to associate with a particular brand or distillery over time.
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