Trademarks & Copyright Law

Naming your brewery and your beer is a vital part of any business because those names are how your customers findTrademark & Copyright you, recommend you to their buddies and rave about you online. That name is how you develop a following and a customer base that sustains the dream that is brewing for a living, but choosing a name is frequently more easily said than done. There are a variety of factors to consider when sitting down over a pint to brainstorm, but the hallmark of a strong brand is the ability to protect it.

All too often, craft breweries and microbreweries have misconceptions about their trademark rights. Many incorrectly believe that because they have a domain name, are registered with the state and have their name on merchandise, they have the rights to their brewery and beer names. When you build a brand name or invest money in merchandise, it can be upsetting to be forced to change it. Protect your craft beer trademarks early with help from a knowledgeable lawyer.

The Craft Beer Attorney can assist with trademarking and copyrighting your brand from start to finish. Furthermore, the services I provide are flat fee-based and economical, with flexible payment options available. In our craft beer trademark research, we conduct a process called “clearance” in which our office will search databases and websites to see if someone else is using a similar name for a similar product. Basically, we provide a risk assessment tool, which can help to protect you against any potential liability issues with that name or logo.

Additionally, as part of our continuing service to clients, we can provide reminders of upcoming deadlines related to your intellectual property.

Trademark Filing:

If the product has crossed state lines, you can file an “in-use” based registration:

  • Per mark, per class (type of goods) – $225 to the USPTO
  • Per mark, regardless of numbers of classes – $300 legal fee
  • Total filing fee: $525

What we need from you to file:

  • Mark exactly as you would like it filed (as you are using it on the goods)
  • Date of 1st use anywhere
  • Date product with mark crossed state lines
  • .jpg of product with mark
  • USPTO fees and 20% of legal fees are due before filing; the balance is billed after filing

Trademark Clearance:

$300/hr, capped at $600

If the product has not crossed state lines, you should file an “intent-to-use” based registration:

  • Per mark, per class – $225 to the USPTO initially, $100 to complete registration when product crosses state lines ($150 for each 6 mos extension – you are allowed up to 5 extensions)
  • Per mark, regardless of numbers of classes (types of goods) – $300 , $150 to complete registration, $100 to file extensions

What we need from you:

  • Mark exactly as you would like it filed (as you are planning to use it on the goods)
  • USPTO fees and 20% of legal fees are due before filing; the balance is billed after filing

Trademark Monitoring:

$300/hr

Copyright:

  • Copyright – $300/fee, plus $55 copyright fees

Contracts & Letters:

If needed, The Craft Beer Attorney can create a Cease & Desist letter and for those breweries that have been able to talk it out, we can also create coexist agreements.

  • Cease & Desist – $150
  • Coexist Agreement – $250