What’s Brewing With Craft Beers? The Craft Beer Industry & Trademarks

When you think of Fall, you think of football and beer but you don't think of the just the “Big Beers.” Today, it's all about craft beers. The craft beer industry continues to grow as new craft breweries are popping up constantly, bringing interesting new beers and brands to the market. But in an industry of more than 3,000 craft breweries, finding unique brand names is a challenge.

There are only so many plays on the word “hop.” And in the crowded craft beer industry, conflicts over trademarks are inevitable. So what can craft beer brewers do to establish a strong brand identity and avoid conflicts?

Creativity in The Craft Beer Industry

Breweries should be creative in developing names for their brewery and beers. Having a unique name will help distinguish you from the crowd in the craft beer industry and generally provides the most protection.

Trademark Searches and Due Diligence

Do your due diligence before selecting and investing in a brand name. Brewers can do initial research to see what is out there (e.g., searching for beer names on community websites). But even if you do not find any issues, it is advisable to seek the assistance of a trademark attorney who knows the ins and outs of trademark law and can identify and counsel on potential risks you may have missed related to the craft beer industry and trademark law.

Register Your Brands/Trademarks Early

Once you have selected a brand or trademark, protect it through registration. The value of early trademark registration cannot be stressed enough- even before you start distributing your craft beer. This not only protects the brand you have worked to build in craft brew industry, but can also save you immeasurable time and money in the long run. Although you can protect a trademark without registration, brewers relying on “use rights” face a host of challenges. Avoid these challenges by registering your beer brands and trademarks early.

About the Firm:

Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.

The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).