In an earlier blog post, I said that if you are accused of infringing another brewery’s trademark and you decide to rebrand one of your beers, the costs could dwarf the cost of obtaining registration of your own trademark. The folks at Jailbreak Brewing Company put out a post about the design of their “Big Punisher” can that highlights exactly why that’s true.
As they explain, the process of going from deciding to can (or bottle) a beer until the beer is actually canned and ready for distribution can take about 4 months and involves many steps.
Some of those steps include:
· Working with a graphic artist to design the label
· Getting the can design approved by the TTB
· Sending the design to the can manufacturer
· Adjusting the design based on the manufacturer’s recommendations
· Waiting for a PDF can proof from the manufacturer
· Approving the proof or requesting changes
· Waiting for a sample can from the manufacturer
· Approving the can or requesting changes
· Waiting for the manufacturer to produce the cans, which may require a 100,000 can minimum order
· Canning the beer or contracting another company to can the beer
This is a lengthy and expensive process. If you go through all this and get your beer distributed and on the shelves only to find that you have to rebrand due to a trademark dispute, you will have lost months of time and thousands of dollars. Registering your trademarks may seem like an unnecessary additional expense, but it provides you with insurance against the much greater costs of rebranding.
In addition, working with a trademark attorney does not have to be a black-box expense. I offer a simple, reasonable, flat-fee pricing structure for the whole registration process, so you will know in advance what the application process will cost you. I can also help you prioritize your trademarks to decide which need protection right away and which can be considered secondary.
Give me a call or drop me a line to see how I can help build your portfolio and protect your valuable brand. (240) 308-8032 [email protected]
As they explain, the process of going from deciding to can (or bottle) a beer until the beer is actually canned and ready for distribution can take about 4 months and involves many steps.
Some of those steps include:
· Working with a graphic artist to design the label
· Getting the can design approved by the TTB
· Sending the design to the can manufacturer
· Adjusting the design based on the manufacturer’s recommendations
· Waiting for a PDF can proof from the manufacturer
· Approving the proof or requesting changes
· Waiting for a sample can from the manufacturer
· Approving the can or requesting changes
· Waiting for the manufacturer to produce the cans, which may require a 100,000 can minimum order
· Canning the beer or contracting another company to can the beer
This is a lengthy and expensive process. If you go through all this and get your beer distributed and on the shelves only to find that you have to rebrand due to a trademark dispute, you will have lost months of time and thousands of dollars. Registering your trademarks may seem like an unnecessary additional expense, but it provides you with insurance against the much greater costs of rebranding.
In addition, working with a trademark attorney does not have to be a black-box expense. I offer a simple, reasonable, flat-fee pricing structure for the whole registration process, so you will know in advance what the application process will cost you. I can also help you prioritize your trademarks to decide which need protection right away and which can be considered secondary.
Give me a call or drop me a line to see how I can help build your portfolio and protect your valuable brand. (240) 308-8032 [email protected]
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