How to Register a Trademark for Beers and Beverages

Introduction

Congratulations on your new beer or beverage and the idea for a trademark! Now it’s time to register your trademark with the U.S. Patent and Trademark Office (USPTO). To start the application process, you’ll need to clear the USPTO’s database of potential conflicts, which can be done by searching other trademarks that might cause confusion with yours. Once that’s done, you’ll then file an application for registration online with the USPTO; this includes paying a filing fee of $225-$400 per class of goods or services involved in your application. Once filed, you’ll have up to 30 days before receiving an Office Action from an examiner at the USPTO who will ask questions about some elements of your application such as its classification or whether there are any issues with certain parts being generic terms or descriptive words in relation

Choose a Strong Trademark.

Choosing a strong trademark is one of the most important steps in the process. A strong trademark needs to be easy to spell, remember, and pronounce. It should also not be too similar to any other trademarks or products or services. The more unique the name is, the better chance you have at protecting your brand and preventing confusion with other trademarks.

A good place to start is by doing a search on Google Patents, which allows users to search for existing registered trademarks around the world as well as pending applications for pending marks that haven’t yet been approved by an authority such as U.S Patent & Trademark Office (USPTO). This can help you avoid potential conflicts before they happen!

Clear the U.S. Patent and Trademark Office’s database.

First, you’ll need to pay a fee to clear the USPTO database of any trademarks that are similar to yours. You can do this online or by mail, but be aware that if you choose the latter option, it could take up to four weeks for your trademark application to be processed. If you prefer in-person service on this matter, visit one of the local USPTO offices in your area and request “clearance” services.

Clear the U.S. Customs and Border Protection database.

• The U.S. Customs and Border Protection (CBP) is responsible for enforcing import and export regulations. Among other things, it enforces a database of restricted goods that are banned or restricted from importation into the U.S., called the International Trade Data System (ITDS).
• A trademark can be registered at any time before or after you file an application to register your mark with CBP’s ITDS database. If your trademark has been registered by another party, they may not be able to import or export goods into or out of the U.S., even if those goods are not controlled by ITDS rules.

Conduct a search of State Databases, Online marketplaces, etc.

• Search state databases, online marketplaces, domain name registries, and social media sites.
• Use the Internet to conduct a search for similar trademarks, names, and logos that may be confusingly similar to your mark or names closely related to your mark. You should also search for similar products marketed with these names. Check for any existing trademarks or applications pending in the U.S., as well as foreign countries where you plan to sell or promote your beer or beverage.
• Search all relevant business directories (such as Dun & Bradstreet) including online versions which may not be accessible through public libraries). These directories may include more up-to-date information than what is available on the Internet so it is worth checking them first before doing an Internet search).

File your Application with the USPTO.

File your application with the USPTO, along with the filing fee. The filing fee for registering a trademark for Beers and Beverages is $275. If you file an electronic application, it costs $375. If you file a TEAS Plus application, it costs $100.

Respond to any Office Actions.

If the USPTO examiner raises issues with your application, you will be sent an Office Action. The examiner will set a response period, usually 3-6 months. You must respond to all issues raised in the Office Action within this time frame. If you do not respond to all issues or if your response is inadequate, your application will be abandoned and you must reapply for registration of your mark. If you do respond timely and to the satisfaction of the examiner, then after 30 days from receipt of such response (unless extended by agreement) their office sends out a notice that publication is due on that date and no further extensions are permitted (See 15 U.S.C 1125(b)). The publication is required before registration can be granted as it gives third-party members of the public who may have valid reasons for opposing registration an opportunity to file objections against it by filing formal petitions known as “requests for extension” with either OED or TTAB after expiration date specified in the notice sent by OED/TTAB.

Monitor your Trademark.

Monitor your trademark to prevent others from infringing on it. Be aware that even if a mark is registered for beer or beverage, other companies may still be able to use the same or similar marks in conjunction with their products or services. As such, it is important that you monitor not only your own trademarks but also those of competitors’ brands and see if any appear to be infringing upon yours. In addition to monitoring the USPTO database, which records all new applications and registrations, you should also keep an eye on:

• The USPTO website;
• Social media channels for new product announcements;
• Domain name registries (for example, GoDaddy) where businesses may acquire domain names with similar spellings as yours;
• Online marketplaces where third parties may be using your brand name inappropriately; and
• State databases (since some states have trademark databases)

A Trademark isn’t Registered until it goes Through Several Steps.

A trademark isn’t registered until it goes through several steps and is monitored to prevent infringement by others. If you want to use a brand name or slogan that you want to be recognized as your own, registering the trademark is your best option. A similar process for patents involves filing an application with the United States Patent and Trademark Office (USPTO).

In order for your trademark registration to be approved, this is what must happen:

• The USPTO will review your application for any potential issues such as whether it’s already being used by someone else or if it’s too similar to another existing mark.
• Your application will then go through an opposition period where anyone who opposes the mark can file a complaint against its approval within 30 days after the publication of notice in newspapers about receiving your application for registration. Once the deadline has passed, if no objections were raised against your trademark, then it will be published in a journal called “Official Gazette.” This means that other companies are aware of your newly registered mark so they can decide whether or not they want their products branded using similar terms as well. It also gives these companies time before they have any legal repercussions if they choose not to follow suit with what was previously established under federal law.

Conclusion

Now that you have a better idea of how to register a trademark for Beers and Beverages, it’s time to get started on the process. Hopefully, this article has helped you understand the steps and requirements of registering a trademark.