FAQs Archive - https://trademarkyourbeer.com

Q: What is a trademark disclaimer?

A disclaimer is a statement on the face of a registration that reads something like NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BREWERY" APART FROM THE MARK AS SHOWN. It basically means, as the text suggests, that you aren't claiming the exclusive right to a descriptive term, like BREWERY, BREWING CO., IPA, or STOUT. Disclaimers are very typical but you should be careful when agreeing to enter them as they can limit the scope and strength of your registration.

Q: What if there is a beer with a similar name to the one i want to use for my brewery (or vice versa), Can i trademark that name?

Probably not. If two marks are very similar and the only difference is that one is for a Brewery or Brewing Co. and the other is for a particular beer, you likely aren't going be to be able to register your brewery name. If for example you wanted to trademark Rainbow Unicorn Laser Eyes Brewery, but someone already had a registered trademark for Rainbow Unicorn Laser Eyes IPA, your application would almost certainly be rejected.

Q: Do I have to be selling beer before I can apply for a trademark?

No. You can apply for federal trademark registration on an intent-to-use basis as long as you have a bona fide intent to use the name in commerce. Typically you can file up to roughly 3 years in advance of actually selling beer as long as you file the appropriate extensions.