Deciding on a name that requires a trademark can be one of the most exciting parts about starting your own beer company or brewery. However, your trademark should not only represent your brand and help customers identify your products — it should also be secure in defending your property.
It’s important to start by choosing a strong trademark that not only offers greater protectability (and lessens risk of potential infringements and challenges), but also one that is aesthetically pleasing and recognizable to your audience.
Trademarks are broken down into five separate categories:
- Generic
- Descriptive
- Suggestive
- Arbitrary
- Fanciful
Generic trademarks are generally trademarks that indicate an exact good or service, and are the most simple trademarks. Descriptive trademarks are slightly more specific than generic, but generally do not rise to the level of “distinctiveness” required by the United States Patent and Trademark Office (USPTO).
Suggestive trademarks are stronger than the previous two trademarks as they “suggest” characteristics of goods or services without describing it in straightforward detail. Arbitrary trademarks are those which are considered entirely unrelated to the goods or services they represent, known to be often the “second strongest” trademark.
The strongest category of trademarks are the fanciful trademarks, which are the “trademarks that comprise of terms that have been invented for the sole purpose of functioning as a full trademark or service mark,” per the USPTO.
About Drumm Law
Want to give Drumm Law and Beer Attorney a try when it comes to trademarking your beer? At Drumm Law, we will do one free trademark for any brewery. All you have to do is pay the filing fee, no strings attached. Consider it a “free trial!”
Contact Beer Attorney to speak with one of our trademark lawyers to discuss your trademark legal needs.