A brewery is a commercially operated business that makes beer. There are many types of breweries, and each has its own specific methods and procedures. In this article, we will cover three of them: the three-tier system, the two-tier system, and direct sales. In this method, the brewer sells to a retailer and a consumer. A homebrewer can brew beer using 20-litre glass carboys, but most commercial brewing facilities use cylindroconical vessels, which have a conical bottom and a cylindrical top.
Although the two marks have similar looks, sounds, connotation, and commercial impression, the courts have found that they are identical and are not distinctive enough to withstand a challenge. In the case of BBS, the court noted that the word ‘brewery’ conjures an image of a kit for making beer. However, the same mark can also conjure an image of a variety of goods, including cleaning supplies.
The Brewery appealed the Board’s decision to refuse its application for trademark protection because it didn’t prove that the brew shop marks were substantially similar. The Board found that the brew shop mark was not a distinguishable trademark because the words ‘brewery’ were both used in the same context. The Board’s finding that the marks were sufficiently similar is a valid basis for dismissing the Brewery’s appeal.
The Court found that a brew shop is a descriptive mark
While a brew shop isn’t the same as a brew kit, it can be used to describe a range of goods. For example, a brew shop may sell testing devices and ingredients. The brewery did not have standing to challenge BBS’ registration of cleaning preparations because it did not manufacture competing goods. Therefore, the registration would have no adverse effect on it.
The Brewery’s application for a trademark was rejected in November 2015
After a trial, the Board reversed the decision and granted the Brewery’s application. The decision is final and binding on both parties. It is also possible for a brew shop to sue a consumer if it uses a word that is not protected by trademark law. The Trademark Office also has jurisdiction over a brewer’s brand.
In another case, a brew shop had standing to register a beer-making kit
The Brewery had a common trademark with BBS. The brew shop had a similar name and intended the same thing. The brew shop’s owners didn’t have a beer-making kit. It sold cleaning products. The court held that the brewery had no rights to the brand. The brew shop did not make the competing goods.
The brewery’s trademark is protected by the federal trade dress code
The TTAB’s ruling, however, has not yet reached the Supreme Court. The TTAB’s decision is not binding on the consumer. A brewer may be able to sue a third party with the same trademark. A brewer can appeal a TTAB decision in the same way. It must meet the statutory requirements and Article III to get a brew house’s trademark application approved.