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

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
  • Per mark, regardless of numbers of classes (types of goods) – $300 legal fee
      • 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
      • To complete registration, when product has crossed state lines:
        • Per mark, per class – $100 to the USPTO
        • Per mark, regardless of number of classes – $150 legal fee
        • Extensions of time to provide proof of use may be filed in 6 month intervals (with a maximum of 5 extensions:
          • Per mark, per class – $125 to the USPTO
          • Per mark, regardless of number of classes – $100 legal fee

Trademark Clearance:

  • We do recommend running clearance on a mark.
  • Clearance is a process of searching numerous databases, including both federal and state trademark databases, to see if anyone else is using a confusingly similar mark on the same or similar goods, which, depending on the time they began use, could be a risk to your mark.
  • We offer a full service, or if you feel comfortable that you have done a relatively full review yourself, a partial service.
  • Costs for conducting clearance
    • Full Clearance per mark:
      • $175/hour for search conducted by law clerk
      • $300/hour for search and review conducted by attorney
      • To be capped at $600 per mark

Trademark Office Action Responses

    • Responses to office actions are drafted at an hourly rate
      • Draft:
        • $175/hour for law clerk
        • $300/hour for attorney
      • Review, revise, and finalization of law clerk draft – $300/hour by attorney

Trademark Monitoring:

  • Monitoring is conducted at an hourly rate o $175/hour for law clerk to conduct searches;
  • $300/hour for attorney to review and make recommendation

Miscellaneous Trademarks Services

  • Trademark Appeal
    • Drafting of Appeal – $300/hour
    • $200 USPTO filing fee
  • Trademark Request Extension of Time to Oppose
    • $50 legal fee
    • $100 USPTO filing fee
  •  Trademark Oppositions
    • Initiating Proceeding
      • Drafting of Notice of Opposition – $300/hr
      • $400 USPTO filing fee
  • Trademark Cancellation Proceedings
    • Initiating Proceeding
      • Drafting of Petition for Cancellation – $300/hr
      • $400 USPTO filing fee
      • Executing proceeding – $400/hr

International Trademark Clearances and Filings:

  • Trademark clearance conducted at an hourly rate of $300/hour
  • Trademark filing quote – by request

Copyright:

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

Intellectual Property Contracts & Letters:

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

  • Cease & Desist – $200
  • Coexistence Agreement – $250
  • Consent Agreements to Trademark Office – $100

These costs are for the initial draft of the agreement. Negotiations and further edits are billed at the attorney’s hourly rate. Other IP agreements, such as assignments, work for hires, etc. are billed at an hourly rate.