The Bruery's 5 GOLDEN RINGS beer. (By Eugene Pak) (Originally posted October 17, 2014 at IP Legal Forum)
As the number of craft breweries and craft beer brands grow, many breweries are finding it increasingly difficult to register their marks, not necessarily because there are many new beer trademarks filed with the USPTO (which there are), but because there is a winery or distillery that already has the same or similar trademark registered. The USPTO often exhibits a knee-jerk reaction to these cases, finding that beer and wine, or beer and distilled spirits, are closely related goods and therefore similar marks for such goods are likely to cause confusion as to source. But a more nuanced approach may be needed
As the number of craft breweries and craft beer brands grow, many breweries are finding it increasingly difficult to register their marks, not necessarily because there are many new beer trademarks filed with the USPTO (which there are), but because there is a winery or distillery that already has the same or similar trademark registered. The USPTO often exhibits a knee-jerk reaction to these cases, finding that beer and wine, or beer and distilled spirits, are closely related goods and therefore similar marks for such goods are likely to cause confusion as to source. But a more nuanced approach may be needed
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