3 Tips if you want Trademark your Wine/Beer/Spirits
Hello Reader,
Here are the 3 Tips if you want Trademark your Wine/Beer/Spirits
Here are 3 important factors to consider when registering your clothing brand: Transcript: Here are three tips if you want to register your wine, beer, or spirits.
Tip # 1: Note that wine, beer, and spirits are in different classes. Spirits and wine are in class 033. Beer is actually in class 032 with water and soft drinks. Because they're in different classes, the USPTO used to keep them separate.
Now, because there's so much overlap in the industries, the USPTO will actually look in both classes to see whether or not there's an infringing trademark or a trademark already registered in those classes.
Be aware of that.
Tip #2: Registration requires in use in commerce. What does that mean? If you're going to file for trademark registration, note that you have a three-to-four-year window before you have to show proof of use, but you want to get this process started with the regulatory boards and the government to making sure that your alcohol is approved to being sold because the process I know that process takes a while.
If you file your application in order to have it successfully registered, you do have to show proof of use. You have to have it available for the public to purchase your wine, beer or spirits. So be aware of that. You can't just, file an application and try to get it registered just to "reserve it."
The Trademark must be in use in commerce.
Tip #3: Tequila now is a registered trademark. You can't use the word "tequila" in the name of your trademark or in the description of your goods when you're talking about tequila. You have to get permission from the, the tequila board or you have to use the generic term which is distilled agave liquor.
Keep your brand safe and protected.
TRADEMARK NEWS
"Adidas sued New York designer Thom Browne's brand in 2021, claiming Thom Browne's four-bar and "Grosgrain" stripe patterns on its shoes and high-end activewear violated its three-stripe trademark rights. A jury determined in January 2023 that the fashion house's designs were not likely to cause customer confusion with Adidas' products and did not violate the company's trademark rights." - Reuters Adidas faces skeptical court in bid to revive Thom Browne trademark lawsuit
TRADEMARK NEWS
"Chanel now seeks a permanent injunction to bar WGACA from using Chanel trademarks to advertise Chanel branded products that have not been authorized for sale by Chanel and/or have been materially altered with specific requests to ensure the authenticity and accuracy of advertised vintage Chanel products." - The National Law Review Chanel Seeks Permanent Injunction Against WGACA
BUSINESS TIPS AND TRICKS
This is Week 10 and Chapter10 of our 20-part Atomic Habits by James Clear weekly read through! Get the book and join us every week!
Transcript: Hello, welcome to week 10 chapter 10 of Atomic Habits by James Clear. This chapter is called How to Find and Fix the Causes of Your Bad Habit. He mentions that you have, everyone has cravings. Craving comes from our foundational basic needs. Everything we do and all the habits that we do are associated with fulfilling one of these basic cravings.
Habits are all about association. The most powerful part of this is that there are different ways to address the same underlining motivation. Whenever a habit successfully addresses a motive. You have a craving to do it again. He suggests that we reframe our habits to highlight the benefits. Instead of we have to go to work, we get to go to work.
Instead of we have to exercise, we get to exercise and then emphasize the benefits of it. The exercising part is not the sacrifice that you have to make in lifting or the tiredness that you feel, but you get to be stronger and have more endurance. Similarly, with sacrifices for financial, he gives an example of, it's not a sacrifice that you have to make to cut back on, on items that you want to purchase, but that you will have more purchasing power next month, the more you save, and a more financially sound future, if you save more now.
He also addresses that when you're about to go on stage. You tend to feel nervous, your heart rate goes up, you get tense, you start sweating. Instead of associating that with feeling nervous or about to fail or something bad is going to happen, reverse that, reset that as you're actually feeling excited, not nervous, excited to go out and talk and give the presentation and go on stage.
You're reframing this. He also mentions that if you set up a motivational ritual, then you start to associate those good feelings, the good associations with those rituals. His motivational habit was to put on headphones and to listen to focus music in order to get more focus. What he found was, over time, just the very fact of putting on his headphones without any music actually got him in the mood and in the focus state that he needed.
That's chapter 10. Next week we'll talk chapter 11.
If you would like to follow along with the series, here is our Atomic Habits by James Clear playlist:
Thank you for being a part of our community, and we look forward to helping you safeguard your brand's identity and thrive in the world of trademarks!
Warm regards, J.J. Lee and the Trademark Lawyer Law Firm Team!
PS. Be Sure to Add Us to Your Contacts 📞 To ensure that you never miss an important update or exclusive offer from us, please add our email address to your contacts. This way, you can rest assured that our newsletters will always land safely in your inbox, ready to be explored.
"I have dealt with Trademark Lawyer Law Firm, PLLC, for several years. This time I needed to have my trademark renewed within a week as a deadline was approaching. As always, they prepared the paperwork professionally and in an expedited manner. Our communication to confirm details was smooth and quick. In a matter of days, they submitted the trademark renewal request. The service of this group of professionals is excellent." O. Garcia
Trademark Lawyer Law Firm
3300 Washtenaw Ave. 2nd Floor #277
Ann Arbor, MI 48104 (888) 505-5102
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Meet Your Team
J.J. Lee
Principal and Founder
Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
