Wednesday, January 10, 2018

Anheuser-Busch Files Trademark Applications for Multiple Variations of DRINKWEISER

A public awareness campaign related to the responsible consumption of alcohol is in the works over at Anhesuer-Busch, and the name of the campaign will be DRINKWEISER (or some variation), if recent trademark applications are any indication.
On January 5th, Anheuser-Busch, LLC filed applications to register DRINKWEISER, DRINKWISER, DRINK WEISER, and DRINK WISER as trademarks with the U.S. Patent and Trademark Office. Each application covers the same services in Class 35 - "Promoting public awareness of the responsible consumption of alcohol."

Anheuser-Busch filed each of these applications on an intent to use basis, suggesting it is not currently using DRINKWEISER or any of the variations in commerce in conjunction with the listed services yet but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b). Before these applications can mature into registrations, Anheuser-Busch must start using the mark with the listed services and submit sufficient proof of same to the USPTO. TMEP 1103. My guess is that only one of these applications, if any, actually registers. The fact that Anheuser-Busch filed four applications for variations of the same mark suggests they have not decided which version they plan on using.

In any event, it looks like Anheuser-Busch is planning a public awareness campaign related to the responsible consumption of alcohol and DRINKWEISER (or some variation) will be the tagline. By the way, for those fans of the DILLY DILLY phase, Anheuser-Busch owns two pending federal trademark applications for it, one covering beer and the other covering headwear and shirts. The application covering beer is in the final stage of the registration process.

Tuesday, January 9, 2018

Texas Lawyer Files Application to Register THE DOPEST LAWYER IN TOWN as a Trademark

The Dopest Lawyer is based in San Marcos, Texas, at least according to a recent trademark application.

On January 4th, a lawyer named Daniel Mehler filed an application to register THE DOPEST LAWYER IN TOWN as a trademark with the U.S. Patent and Trademark Office. The application covers "legal services; legal consultation services" in Class 45.
According to the application, Daniel has been using this designation as a trademark in interstate commerce at least as early as January 1, 2014. His firm's website indicates his firm is "dedicated to all things cannabis." The Dopest Lawyer...get it?

While applicants selling marijuana, marijuana extracts, and THC-infused substances are routinely denied federal trademark registrations (regardless of the state in which such applicants are located), this application is only for legal services, which aren't, obviously, illegal.

To qualify for a federal trademark registration, the use of the mark in commerce must be lawful. See TMEP 907. Because marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801-971), goods or services related to the sale or transportation of marijuana violate federal law. Therefore, the U.S. Patent and Trademark Office will refuse to register marks covering those goods and services (like this application covering "desserts infused with cannabis"). Goods or services that don't involve the sale or transportation of marijuana, but are nonetheless related to marijuana, can still be registered (like this registration covering a creative agency that serves the cannabis business marketplace).

Will The Dopest Lawyer in Town receive a federal trademark registration for his tagline? Pay attention to this application to find out. To all the other lawyers out there - unfortunately it looks like you might have missed the opportunity to coin this term for yourself.

Tuesday, January 2, 2018

Quarterly Index (10/1/17 - 12/31/17)

Entertainment Trademark Filings:
Sports Trademark Filings:
Other Unique Filings: