Alcoholic Sunny Delight? Recent Trademark Filings Indicate It May Be Coming

Is Sunny Delight getting into the alcoholic beverage industry? Recent trademark filings suggest so. On August 11th, Sunny Delight Beverages Co. filed federal trademark applications for:

• SUNNYD SCREWY
• SUNNYD SCREWIE

Both applications cover the same goods, namely:

• Alcoholic beverages, except beer; hard seltzer (in Class 33); and
• Fruit juice drinks containing water; fruit punch; non-alcoholic beverages, namely, carbonated beverages and fruit juice drink-based beverages with vitamins; energy drinks; beer (in Class 32).

Sunny Delight filed these applications on an intent-to-use basis, suggesting it is not currently selling these products but has a bona fide intention to do so in the near future. TMEP 806.01(b). While the filings in no way require Sunny Delight to sell a SunnyD Screwy or Screwie in the future, they do suggest that plans for an alcoholic beverage are in the works. Sunny Delight will need to start actually selling the products before these trademarks can register, as trademarks cannot be registered until they are in use (with limited exceptions).

This isn't the first federal trademark application covering alcoholic beverages filed by Sunny Delight. Back in June 2021, it filed another application for SUNNYD covering "alcoholic beverages, except beer; hard seltzer." That application was approved by the U.S. Patent and Trademark Office, but Sunny Delight still needs to prove it is actually using that mark in conjunction with alcoholic beverages before the mark can be registered.

For those of you who dreamed of a Sunny Delight screwdriver, your dream may be coming true soon.

Fans of Tapatio Hot Sauce May Soon Have Tapatio Beer, Potato Chips According to Recent Trademark Applications

Tapatio is well-known for its hot sauce, but the hot sauce company may be moving into different product lines, if recent applications filed with the U.S. Patent and Trademark Office are any indication.

On December 5, Tapatio Foods, LLC filed four federal trademark applications for the marks below:

• TAPATIO covering "beer" in Class 32;
• TAPATIO covering "potato chips" in Class 29;
• The logo above covering "potato chips" in Class 29; and
• TAPTIO covering "beer" in Class 32.*

* likely a spelling error (will probably result in an abandonment of this application by Tapatio Foods).

Tapatio Foods, LLC filed each application on an intent-to-use basis, suggesting the company is not currently using its name and logo with the listed goods yet, but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before these marks can register, Tapatio Foods will need to start selling beer under the Tapatio name and potato chips under the Tapatio name and logo. See TMEP 1103.

While these applications by no means require Tapatio Foods to start selling beer or potato chips, the do suggest something is in the works. Tapatio fans - keep an eye out for Tapatio beer and potato chips in the near future.

Recent Trademark Applications Suggest Yuengling Brewery May Be Launching a New Beer Called "Yuengling Flight"

Is a new beer in the works over at Yuengling? Recent trademark applications filed with the U.S. Patent and Trademark Office suggest so.

On August 9, D.G. Yuengling & Son, Inc. filed two federal trademark applications with the U.S. Patent and Trademark Office - one for the design seen above and the other for the words YUENGLING FLIGHT. Both applications cover "beer" in Class 32.

Yuengling, which is the oldest operating brewing company in the United States, filed both applications on an intent-to-use basis. That basis indicates the brewery is not currently using this name and logo in commerce as a trademark for beer yet, but has a bona fide intention to do so in the near future. See TMEP 806.01(b).

In other words, it seems these applications are for the name and logo of a new beer that Yuengling plans to release in the near future. That's especially true considering the brewery will need to submit labels or packaging for a beer that shows these marks before the marks can be registered. See TMEP 904.03. Had these applications listed something like "brewery services," I would not be as convinced they are for the name/logo of a beer rather than something like an advertising slogan for the brewery as a whole.

Last year, Yuengling launched a new "Spread Your Wings" advertising campaign that pays tribute to the brewery's original name - "Eagle Brewery" - and the eagle design featured on its labels. These recent trademark applications, therefore, appear to be very on brand.

According to my quick search, these are the only federal trademark applications filed by D.G. Yuengling & Son, Inc. in 2019.

A Bumble Beer? Dating App Company Files Application to Register BUMBLE BREW as a Trademark for Beer, Many Other Goods and Services

The company behind the popular dating app Bumble, Bumble Holding Limited, may be coming out with a beer, if a recent trademark application is any indication.

On April 11, Bumble Holding Limited filed an application to register BUMBLE BREW as a trademark for "beer" (and several other goods and services) with the U.S. Patent and Trademark Office.

Does this mean the dating app company is releasing a beer called BUMBLE BREW? Maybe. The company filed this application on an intent-to-use basis, which is supposed to mean the company is not using the BUMBLE BREW trademark to sell beer yet but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). The company is by no means obligated to start selling BUMBLE BREW beer, but a failure to use the trademark with those goods will result in the entire application going dead (if Bumble does not submit proper evidence of use on a timely basis or does not delete any goods/services it no longer intends to provide from the application).

Interestingly, the BUMBLE BREW application doesn't only cover "beer." It covers a large variety of goods and services across 14 different classes, including the following:

• Computer software for the booking of bars, restaurants and accommodation; computer software for the ordering of food and drink (Class 9);
• Whips, harness and saddlery (Class 18);
• Meat, fish, poultry and game (Class 29);
• Coffee, tea, cocoa and artificial coffee (Class 30);
• Alcoholic beverages (except beers); wine; cider (Class 33);
• Restaurant, bar and catering services (Class 43); and
• Internet based dating services (Class 45).

Perhaps Bumble is considering a Bumble-themed brew pub or restaurant? Pay attention to this application to find out.

A PBR Seltzer? Maybe, According to Pabst Brewing Company's Recent Trademark Applications

The company behind the beer previously (or still?) known for being a favorite among hipsters may be moving into the trendy alcoholic seltzer business if recent trademark applications are any indication.

On March 4, Pabst Brewing Company, LLC filed applications to register PABST BLUE RIBBON STRONGER SELTZER and STRONGER SELTZER as trademarks for "alcoholic beverages, namely, hard seltzer" with the U.S. Patent and Trademark Office.

The brewing company filed both applications on an intent-to-use basis, suggesting it is not currently using these marks to sell the listed goods but has a bona fide intention to do so in the near future. 15 USC 1051(b); TMEP 806.01(b).

These are the only two active trademark applications or registrations for a seltzer owned by Pabst Brewing Company, LLC. Back in April 2016, the company filed an application for GILTY SELTZER covering "hard seltzer [and] hard cider" but it was refused registration due to GILT BAR, an existing registration covering bar and restaurant services. Pabst never responded to the refusal and the application went dead.

Will we see a PBR seltzer this summer? We just might. And for whiskey fans, apparently PBR recently announced it's getting into the whiskey business too.

Idaho Potato Commission Files Applications to Register IDAHO POTATO ALE as a Trademark for Beer, 100% IDAHO POTATO BEER as a Certification Mark for Same

Beer brewed with potatoes? Apparently that's a thing, but maybe only in Idaho...

On October 4, the Idaho Potato Commission filed an application with the U.S. Patent and Trademark Office to register the words IDAHO POTATO ALE as a trademark for "beer, ale and lager" in Class 32.

According to the application, the Idaho Potato Commission has been using this trademark in commerce at least as early as March 9, 2015 (ed. - though the specimen, seen above, apparently indicates the beer may be brewed by Bear Island. It's unclear what connection, if any, Bear Island has with the Idaho Potato Commission).

The Commission filed another application to register 100% IDAHO POTATO BEER as a certification mark for "beers, lagers and ales that include potatoes" on that same day. According to that application, "[t]he certification mark certifies the regional origin of potatoes grown in the State of Idaho and certifies that those potatoes conform to grade, size, weight, color, shape, cleanliness, variety, internal defect, external defect, maturity and residue level standards promulgated by the certifier."

Certification marks, which can also be registered with the USPTO, are different that traditional trademarks. Certification marks are any word, name, symbol, or device, or any combination:

1. used by a person other than its owner (ed. - unlike traditional trademarks); or
2. which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by the Trademark Act,

to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. TMEP 1306.01; 15 U.S.C. 1127.

The application for a certification mark is similar to a traditional trademark application, with a few differences. For example, the applicant must submit (1) a certification statement (like the one for 100% IDAHO POTATO BEER quoted above), (2) a copy of the standards established to determine whether others may use the certification mark on their goods and/or in connection with their services, and (3) a statement that the applicant is not engaged in, or will not engage in, the production or marketing of the goods and/or services. See TMEP 1306.03 et seq. Unlike traditional trademarks, which indicate source, "the purpose of a certification mark is to inform purchasers that the goods or services of a person possess certain characteristics or meet certain qualifications or standards established by another person." TMEP 1306.01(b).

The Idaho Potato Commission is one of the more well-known certification mark holders and owns several registrations for certification marks related to Idaho potatoes, including registrations for IDAHO, GROWN IN IDAHO logos, and CERTIFIED 100% IDAHO POTATOES logos.

Is GOOD COLD BEER Merely Descriptive of "Beer"?

On August 16th, a brewing company in Georgia filed an application to register GOOD COLD BEER for "Beer" in Class 32 as a trademark with the U.S. Patent and Trademark Office. The brewing company filed the application on an intent-to-use basis, suggesting it is not currently using the phrase as a trademark but has a bona fide intention to do so in the near future. But will it obtain a registration on the Principal Register?

As I've blogged about before, merely descriptive trademarks will be refused registration on the USPTO's Principal Register (which affords the most legal benefits) under Section 2(e)(1) of the Trademark Act unless and until the mark acquires distinctiveness (see Section 2(f) of the Trademark Act). Merely descriptive trademarks describe "an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services." TMEP 1209.01(b). For example, in my blog post linked to above, the USPTO deemed the mark REMOTE DRUG TESTING to be merely descriptive of drug testing services.

In addition, the USPTO will refuse to register, on the Principal or Supplemental Registers, informational phrases or "common laudatory phrases or statements that would ordinarily be used in business or in the particular trade or industry." In re Eagle Crest, Inc., 96 USPQ2d 1227, 1229 (TTAB 2010); TMEP 1202.04(a). The USPTO deems this matter not registerable "because consumers would perceive it as imparting its ordinary meaning and not as serving to identify and distinguish the applicant’s goods or services from those of others and to indicate their source." TMEP 1202.04(a). For example, the term BEST BEER IN AMERICA was deemed "so highly laudatory and descriptive of the qualities of its product that the slogan does not and cannot function as a trademark." In re Boston Beer Co. L.P, 53 USPQ2d 1056, 1058 (Fed. Cir. 1999).

Will GOOD COLD BEER suffer a similar fate? Will it be deemed merely descriptive and therefore appropriate only for registration on the Supplemental Register rather than the Principal? Will it be deemed so highly laudatory and descriptive that it must be refused registration completely? None of the above? We'll find out in approximately three months after this application is assigned to an examining attorney at the USPTO.

Anheuser-Busch Files Applications to Register FROSE-A-RITA, BERRY-KIWI-RITA, and Several Other "-RITA's" as Trademarks

The month of June was a busy time for Anheuser-Busch and RITA-themed trademark applications. The beverage giant filed six applications to register various -RITA marks this June (ed. - appropriate summer trademarks, no?) and appears to be expanding this line of products, if these trademark applications are any indication. The application filed this month are for:

• FROSE-A-RITA
• BERRY-KIWI-RITA
• CHERRY-LIME-RITA
• PASSION-FRUIT-RITA
• CRAN-BER-RITA (this one got filed in duplicate for some reason)

Anheuser-Busch filed each application in Class 32 for "flavored beer." The applications were filed on an intent-to-use basis, suggesting Anheuser-Busch is not currently using these trademarks with flavored beer but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1052(b). Before these applications can register, Anheuser-Busch must start using these trademarks in conjunction with the sale of flavored beer and submit sufficient proof of same to the U.S. Patent and Trademark Office, like it did for an application it filed in 2016 for BUD LIGHT LIME COCO-NUT-RITA SPLASH (see image to the right for the evidence filed).

In December 2016, I blogged about Anheuser-Busch's application for GRAPE-A-RITA, which has since registered. Back in August and September 2016, the beverage company filed trademark applications for BUD LIGHT LIME COCO-NUT-RITA SPLASH, BUD LIGHT LIME PINE-APPLE-RITA SPLASH, BUD LIGHT LIME PEACH-A-RITA, and BUD LIGHT LIME ORANGE-A-RITA. All those applications, except BUD LIGHT LIME COCO-NUT-RITA, were abandoned because Anheuser-Busch did not submit proof it was using those trademarks by the deadline to do so. However, Anheuser-Busch refiled similar marks without "Bud Light Lime" in front and obtained registrations for those (like PEACH-A-RITA and ORANGE-A-RITA).

According to my quick search, Anheuser-Busch currently owns 463 active trademark applications or registrations with the U.S. Patent and Trademark Office. And yes, a registration for DILLY DILLY covering "beer" is one of them.

24 Beer-Related Trademark Applications Filed in Single Day as Beer Field Gets More and More Crowded

In my opinion, trademark applications for beer and breweries are some of the most popular filings these days. In fact, I've blogged about it before - here and here. That trend doesn't appear to be slowing down any time soon.

On September 6th (the most recent trademark applications available for viewing in the USPTO's database are always 4-5 days behind), applicants filed twenty-four beer-related trademark applications. Some of the highlights include:

• CATFISH [standard characters] for beer filed by Turtle Anarchy Brewing Company, LLC in Nashville, Tennessee;
•  for beer and lager filed by Full Sail Brewing Company in Hood River, Oregon;
• BUZZROCK BEER COMPANY [standard characters] for beer filed by an individual in Hermosa Beach, California;
• GAY BEER [standard characters] filed by Loyal Brands, LLC in New York City;
• for beer filed by Hatchet Brewing Company, LLC in Southern Pines, North Carolina; and
• TAPER [standard characters] for beer filed by Sufferfest Brewing Company, LLC in San Francisco, California.

Many of these entrepreneurs and brewing companies take advantage of the intent-to-use filing basis under 15 USC 1051(b), which allows an applicant to obtain priority (contingent upon registration) in a mark prior to developing any common law rights. See also TMEP 1101. In other words, if a brewer has a bona fide intention to use a name or logo with a beer (i.e., has developed marketing plans, has ordered proofs, etc.), it can effectively "reserve" rights in that name or logo as of the filing date with an intent-to-use trademark application, if that application actually matures to a registration.

The large number of trademark filings for beer-related marks also demonstrates the importance of a trademark search prior to use and filing of a mark. Not only will the Trademark Office refuse, under Section 2(d) of the Trademark Act (see also TMEP 1207 et seq.), to register a mark that is too similar to an active, previously-filed application or registration, using a mark that is too similar to another's mark can put a newcomer at risk of infringement, if the newcomer's goods or services are related to those offered by the senior user. A trademark search helps identify these risks up front and can save substantial headaches (and costs) down the road. If you plan on using or filing an application for any mark (and especially beer-related marks), a trademark search is highly recommended.

There's a "Society of Beer Drinking Ladies" and it Just Filed Trademark Applications for its Name & Logo

If you're a lady and you like drinking beer, these trademark applications are for you.

On August 18th, the Society of Beer Drinking Ladies, Inc., a corporation based in Toronto, Ontario (who else but the Canadians, eh?), filed two federal trademark applications with the United States Patent and Trademark Office - one for the name SOCIETY OF BEER DRINKING LADIES and one for the logo seen below.

Both applications cover the same, rather expansive, list of goods and services, including:

• Beer (Class 32);
• Restaurant and bar services (Class 43);
• A website providing information on beer (Class 42);
• Bags (Class 18);
• Drinking glasses (Class 21); and
• A variety of clothing items (Class 25).

According to the applications, the Society has been providing drinking glasses, the website, and clothing items in the United States since 2014. The filing basis of the goods and services in Classes 18, 32, and 43 suggest the Society is not selling those goods or rendering those services in the United States yet but has a bona fide intention to do so in the near future.

According to my quick search, these are the first United States trademark applications filed by the Society of Beer Drinking Ladies, Inc. According to the group's Facebook page, it is about "bringing ladies together for good times and craft beer." Sounds like a worthy cause to me.

Is this Bud for Lunch? Anheuser-Busch Files Trademark Application for LUNCH BEER

Does Anheuser-Busch want you to drink beer with lunch? Possibly, according to a recent trademark application filed with the U.S. Patent and Trademark Office. On July 31, Anhesuer-Busch, LLC filed a trademark application for LUNCH BEER covering (you guessed it) "beer" in Class 32.

The beer giant filed the application on an "intent to use basis," suggesting it is not yet selling this beer but has a bona fide intention to do so in the near future. TMEP 806.01(b); 15 USC 1051(b). Before this application can mature into a registration (assuming the application otherwise meets statutory requirements and is not opposed), Anheuser-Busch must start selling beer under this mark. See TMEP 902.

In other words, while there's no guarantee the beer company will start selling this beer, keep an eye out for a LUNCH BEER at your local bar or grocery store in the near future.

According to my quick search, Anheuser-Busch, LLC owns 397 active trademark applications or registrations at the USPTO, including registrations for THIS BUDS FOR YOU.

Amstel Files Trademark Application for AMSTEL XLIGHT

Amstel may be coming out with an even lighter version of its already light beer if a recent trademark application is any indication. On September 19th, the brewery (officially Amstel Brouwerij B.V. besloten vennootschap, according to the trademark application) filed a federal trademark application for AMSTEL XLIGHT (aka "extra light"?) in Class 032 for "beers."

Amstel filed the application on an intent-to-use basis, indicating the company is not yet using the mark in commerce but has a bona fide intention to do so in the near future. Before this mark can fully register, Amstel will need to start actually using the mark (i.e. selling the beer in interstate commerce) and provide sufficient proof of same to the U.S. Patent and Trademark Office.

While an intent-to-use trademark application does not guarantee a mark will eventually be used, it is a good sign that some sort of plans are in the works to use the mark. It is not uncommon for beer makers to file multiple trademark applications for various beer names under consideration.

Boston Beer Company Files Trademark Application for BREXIT

On June 24th, as the world was contemplating the consequences of the United Kingdom's "Brexit" vote to leave the European Union, others were filing applications to register the term as a trademark. One of those entities was the Boston Beer Company (the owner of the Sam Adams trademark).

On that day, the beer company filed a trademark application with the Trademark Office for BREXIT in Class 033 for "[h]ard cider." The application was filed on an intent-to-use basis. Don't be surprised if the Boston Beer Company comes out with a BREXIT Cider soon.

Applications to register BREXIT as a trademark were also filed on June 24th by an individual in Chicago in Class 025 for clothing and by a company in Colorado in Class 005 for dietary and nutritional supplements.

JOE CUERVO - A Jose Cuervo Beer?

Jose Cuervo, the world's largest producer of tequila, might be moving into the beer market according to a recent trademark application filed by the company.

On June 13th, the tequila company filed a federal trademark application for JOE CUERVO in Class 032 for "[b]eer; brewed malt based alcoholic beverage in the nature of a beer; malt beer and non-alcholic malt beverages; non-alcoholic malt coolers." The company also filed this application in Class 033 for "[a]lcoholic beverages, namely, tequila extracts."

This application seems to indicate Jose Cuervo may be in the process of developing a "Joe Cuervo" beer although the intent-to-use basis of the application does not guarantee a beer will actually be released.

Although an intent-to-use application is only allowed when an applicant "has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce..." it does not guarantee (or require) that an applicant actually use the trademark in the future. See 15 USC 1051(b). All that it requires is a "bona fide intention" to use the mark, which can be found in the development of markets plans, product specifications, prototypes, etc.

This is not the first time Jose Cuervo has filed a beer-related trademark application. In October 2015, the tequila company filed JOSE CUERVO TRADICIONAL in Class 032 for "[b]eer; malt beverages, namely, ale, ale based cocktails, and beer based cocktails." That application was also filed on an intent-to-use basis and was published for opposition in March 2016.

Additionally, in 2012 Jose Cuervo filed an application for MISTICO in Class 032 for, in part, beer. That application was filed on an intent-to-use basis. The company has requested five extensions to file a statement of use (showing use of the mark in commerce and a required filing before registration can be finalized), which is the maximum number of extensions available. See TMEP 1108. If the company does not start using this trademark by November 2016, the MISTICO application will be abandoned.

Although Jose Cuervo has filed three different trademarks for beer in the past four years, none have reached registration yet. Will JOE CUERVO be the first?

BEER FOR BREAKFAST? Dogfish Head Files New Beer Trademark

For those who like beer for breakfast, Dogfish Head is apparently coming out with a new beer for you. On April 20th, the brewery filed a federal trademark application for BEER FOR BREAKFAST in Class 032 for "beers." This is not the first Dogfish Head trademark featured on this blog (trademark filed last year for restaurant services).

Dogfish Head filed the application on an intent-to-use basis, meaning the brewery is [probably] not using this trademark yet but has a bona fide intention to do so in the near future.

As blogged about before, beer trademarks are incredibly popular at the U.S. Patent and Trademark Office these days. The crowded field means breweries should take extra caution in clearing trademarks before use. It's also forcing breweries to become more creative and unique in choosing beer names (to decrease the likelihood that such a name is already in use).

For those in the Cincinnati area, join me at the 2016 CincyBrand Conference tomorrow where I will introduce a panel of local craft brewers who will discuss these unique challenges related to branding in the craft beer industry.

Shock Top Files Trademark Application For Beer Tap

Beer taps take all kinds of shapes and sizes. Some companies put a great deal of thought and design into how their handle will look to bar patrons. In the case of the Fulton Street Brewery (the operators of Goose Island), who make Shock Top beer, the design and thought that went into their beer tap likely led them to file a trademark application to protect its the look.

On February 5th, the Fulton Street Brewery, LLC filed a federal trademark application for the beer tap seen below. The brewery filed this application in Class 020 for "[n]onmetal taps for kegs."

According to the application, Fulton Street Brewery started using this tap on December 31, 2009.

Although most people think of words and phrases as trademarks, this application demonstrates the ability to file a trademark application to protect a design feature of a product. The design of a product is generally registerable as a trademark as long as it is not functional. Section 2(e)(5) and Section 23(c) of the Trademark Act prohibit the registration of "matter that, as a whole, is functional."

A feature is functional if it is "essential to the use or purpose of the article or if it affects the cost of quality of the article." TMEP 1202.02(a)(iii)(A); TrafFix Devices, Inc. v. Mktg. Displays, Inc., 532 U.S. 23, 33, (2001). The Trademark Office will consider the following factors when determining if an article is functional, and thus not protectable as a trademark:

1. the existence of a utility patent that discloses the utilitarian advantages of the design sought to be registered;
2. advertising by the applicant that touts the utilitarian advantages of the design;
3. facts pertaining to the availability of alternative designs; and
4. facts pertaining to whether the design results from a comparatively simple or inexpensive method of manufacture.

TMEP 1202.02(a)(v). Unlike patent law, trademark law is design to protect a company's reputation and goodwill, not the way something works. Thus, the "functionality doctrine prevents trademark law, which seeks to promote competition by protecting a firm's reputation, from instead inhibiting legitimate competition by allowing a producer to control a useful product feature." Qualitex Co. v. Jacobson Prods. Co., 514 U.S. 159 (1995).

The design of the Shock Top tap does not have any apparent utilitarian advantages. It does not make the pouring of beer any easier. It is not the most inexpensive way to make a tap. And it does not prevent others from designing their own versions of a efficient beer tap. Instead, it is highly creative and displays a unique design that is much more artful than fucntional. Thus, I do not think Fulton Street Brewery will have any functionality issues with getting this trademark registered.

Is MillerCoors Opening a Line of Bars and Restaurants?

MillerCoors, LLC might be moving into the bar and restaurant space according to a recent trademark filing at the U.S. Patent and Trademark Office. On January 28th, the company filed a federal trademark application for COORS.

Everybody knows the Coors brand of beers, that isn't the interesting part. The interesting part is the services listed on this particular trademark application. The company filed this COORS trademark application in Class 043 for "[b]ar services; [r]estaurant services." This application was filed on an intent-to-use basis, meaning the company is not using the COORS mark in conjunction with these services yet but has a bona fide intention to do so in the near future.

What does that mean? It means MillerCoors has developed some sort of plan to move into the bar or restaurant space (the bona fide intention requires more than just an idea for use). I wouldn't be surprised to see the company announce the opening of a bar or restaurant location sometime within the next year.

Happy, Merry Beer Trademark Filed by Utah Based Red Rock Brewing Company

It's that time of year. On December 6th, the Red Rock Brewing Company in Salt Lake City, Utah filed a federal trademark application for its FROHLICH Pils beer. The trademark application states that the English translation of Frohlich means "happy, merry" (presumably how you feel after drinking a couple of these high alcohol beers).

According to the company's website, this beer "features a dry, clean, crisp body with a notable hop bitterness." Although Red Rock Brewing filed this application in December, the application itself indicates that the company has been selling this beer since August 2014.

It's common for craft beer companies to file trademarks for the unique names they come up with for their beers and I've seen many of these filings this year. With a federal trademark, these breweries can obtain the exclusive, nationwide right to use the term on alcohol (and the design of the label depending on the application). A federal trademark registration also makes it easier for these breweries to license their trademark for collaborations with other breweries or companies (New Belgium recently did this with Ben and Jerry's).

New Restaurant From Dogfish Head Brewery?

On November 18, Dogfish Head Marketing, LLC (an entity with the same address as the Dogfish Head Brewery) filed a federal trademark application for CHESAPEAKE & MAINE in class 43 for "[r]estaurant and bar services; Serving food and drinks[.]"

According to Dogfish Head's website, the company does serve food at its brewery and operates three Dogfish Head Alehouses around the Washington, D.C. area. However, the website does not mention a Chesapeake & Maine restaurant, which this trademark application clearly seems to indicate. Given that Dogfish Head filed the trademark application on an intent-to-use basis, this makes sense (it means Dogfish Head is not using the trademark in commerce yet). It appears this Chesapeake & Maine restaurant may be in the early stages of development but is not yet open. Keep an eye out for a possible new restaurant announcement from Dogfish Head within the next year or so.

Sam Adams Files Trademark for New Beer

Beer companies frequently file federal trademark applications for each beer name they come up with so that they are afforded protection if another company starts using a similar name on beer. Sometimes these applications are filed before the company even starts selling the beer, which gives consumers a sneak peek at potential new beers. In this case, the Boston Beer Corporation (aka Sam Adams) filed a federal trademark application for SAM ADAMS HEAVEN AND HELLES and HEAVEN AND HELLES on October 26th.

The goods listed on each application are simply "beer[.]" The company filed this application on an intent-to-use basis, which means it is not yet being sold but is currently in the works. If you're a fan of helles style beer, keep a look out for this one.