Craft Beers Need Trademarks Too!

Craft beers need trademarks too! Is your brand protected with a registered trademark?

The rise in #craftbeers could potentially lead to a rise in trademark infringement if the #brand name is not protected with a registered trademark. 

Filing a trademark is even more important if the brand is new as you will not have built up unregistered rights and it will more difficult to protect your rights as evidence that the brand is yours will be thin on the ground. If you have a regsitered trademark you have a monopoly over the words claimed in those particular goods and services and will be able to prevent others from using the mark without your consent.

UK Trademark v EU Trademark

If you are trading soley in the UK then a trademark in the UK will be sufficient. An EU Trademark (CTM) will protect your brand across 28 member states.

Costs

Pre-filing search and advice report 

We always advise that clients have a search before filing. We search against existing identical or similar trade marks in relation to identical or similar goods or services and essentially advise you as to whether you should proceed with an application. We also advise on minimising the likelihood of confusion with other marks, includes drafting a specification and advice on whether your mark can function as a trade mark. We also advise on ways of improving the registrability of your mark.

Please note that free searches are available but they do not always give accurate and sensible advice!

You can choose from the following options:

1. £50.00+VAT basic UK or CTM search

2. £100.00+VAT advanced search of the above plus the TM view which covers each individual EU member state

3. £175.00+VAT advance plus which includes all of the above plus a search of unregistered rights (internet search/companies house)

UK Trademark Fees

1. Our legal fee: £150.00+VAT

2. UKIPO fee: £170 nil vat and £50.00 each class above one.

EU Trademark fees

A European registration covers all 28 member states (including the UK). The process will take approximately 06-09 months.

1. Legal cost for an application will be £300.00 + VAT; and

2. OHIM application fee for up to 3 classes will be €900.00. You will need to pay this direct to OHIM within 1 month of filing.

US fees: 

1. Search report: £75.00+VAT

2. Legal fee is £500 + VAT.

3. Filing fee is $275 per class

If you'd like to know more about protecting your brand then please contact jane@trademarkroom.com