Forty years ago, consumers would walk into their favorite store or watering hole and choose among Budweiser, Miller, or Coors. Today, more than 6,000 breweries exist in the United States alone, with thousands more importing from overseas. This rapid expansion in the industry has increased both the importance and the challenge in brand selection and protection.
In addition to an overall brand name, craft breweries also select names for each individual beer, some of which rotate seasonally. Many brewers incorporate common terms such as “hops,” “IPA,” or “malt” into a beer name. Given the limited ways to use or alter such terms, brand names and labels frequently share some similarities. In this article, we explore some key trademark concepts and practical tips for craft brewers navigating these heavy seas fraught with flying dogs, wicked weeds, evil twins, arrogant bastards, and mad elves.
Trademark Rights Accrue Through Use
All a brewery must do to acquire trademark rights is use a distinctive name in commerce as a designation of origin for its products. The more distinctive the name, the stronger the trademark protection. Significant additional protections and benefits accrue through registration with the U.S. Patent and Trademark Office (USPTO), and most breweries should consider registering both brand names and individual beer names.