Make Your Mark, Then Protect It!
So you’ve decided on your brewery’s name, logo, and the names and logos for some of your beers, completed all of the research and completed the trademark registration process. Congratulations! You may be feeling a (false) sense of security right now, since clearly if your mark is registered with the US Patent and Trademark Office, you must be good to go until it’s time to renew the registration, right? Do not fall into this trap.
One of the most important policies your brewery (and any business holding trademark rights) must have is that of regularly monitoring for and documenting of unauthorized use of your trademarks and, once unauthorized use is detected, taking the steps to enforce and protect your trademark rights.
To monitor for use of your trademark (or confusingly similar trademarks), it is simply a matter of regularly searching the USPTO database, the USPTO Official Gazette and, generally, the world wide web (i.e., “Google it”). Craft brewers should also consider searching beer review apps and websites such as Untappd, Beer Advocate, and Beer Buddy, which may make it easier to locate potentially conflicting marks within the brewing arena. If you happen to find a use of your mark, or a confusingly similar mark, you should then document as much as you can about the unauthorized use. When it began (as best you can tell), location, the name of the person or company that is making the unauthorized use, date of discovery, the type of goods or products it’s being used in conjunction with, etc. Many companies can hire either an attorney or a number of other paid service providers to handle all of the above.
If you happen across an unauthorized use of your trademark (or, again, something confusingly similar), it’s time to take action. This can range from a simple educational letter to full blown litigation. Normally, it’s best to start somewhat light handed, with an educational letter, and ramp up toward litigation if the desired result does not occur. An educational letter simply notifies the infringer of their actions, and educates them about trademark law, complete with a congenial request that they cease the infringement. If this method does not achieve the desired result, a “cease and desist” letter is usually the next step, demanding the infringer stop all manners of infringement and threatening a lawsuit if they do not. The final (and, generally, most expensive) method of enforcement is full blown litigation, suing the infringer in court. There are some other similar avenues (such as administrative actions with the USPTO to oppose another trademark’s application if it’s confusingly similar to your own) to consider as well.
Failure to adequately monitor for infringement and enforce your trademark rights may result in a loss of trademark protection for your own trademark. Make sure to have an effective policy in place and to adhere to that policy strictly.
