wine

Trademark Series: Beer and Wine

In the most recent issue of American Brewer Magazine, I mentioned that the fact that a mark is used and registered for wine or distilled spirits does not necessarily bang a death knell for a craft brewer’s ability to use a similar or identical mark.  I’ve recently discussed geographically descriptive trademarks and refusals of beer marks based on a likelihood of confusion with clothing items.  This will discuss why a similar, or even identical, mark registered for wine or distilled spirits should not (and does not) mean a mark for beer and/or brewery services cannot register and acquire nationwide trademark rights.

The Refusal:

The USPTO will generally issue a refusal that compares the marks (how they look, sound, etc.) and then compares the similarity of the goods. The goods comparison generally goes as follows:

 BeerAndWineRefusalSample

The X-Search database evidence that […]

By |January 22nd, 2014|Blog|1 Comment

Komlossy Law, P.A. Newsletter, Volume 1, Issue 2

We are proud to present the second issue of our Komlossy Law, P.A. Newsletter.  In this issue we discuss:

  • The evolving world of craft beer and intellectual property and consider what issue appears to loom on the horizon.
  • The SEC’s proposed Crowdfunding rules and the concerns that investors and issuers alike may have with the proposed rules.
  • Whether the recent ruling in Tassel Ridge Winery, LLC applies to the craft beer industry.

Give it a read and give us your feedback – questions and comments are always welcome.

Click here to read the Newsletter

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By |December 18th, 2013|Blog, News|0 Comments