Can Kings and Queens Coexist When It Comes To Beer?

 freeimages.com/mark_csabi

freeimages.com/mark_csabi

The Anheuser Busch Company is objecting to a Belgium based brewer’s trademark application for “Queen of Beers”.  Busch alleges that the “Queen of Beers” mark would infringe on the Busch “King of Beers” mark used in connection with its Budweiser beer. 

The Belgium based company, She Beverage Co., must file a response to Busch’s allegations with the United States Patent and Trademark Office.  The deadline is the end of September. 

What’s the take away here?  When you have a mark that you want to protect with a federal registration, invest in a thorough trademark search and assessment prior to using the mark.  Once you have an idea of what other marks are already out there, you are in a better position to select your mark, calculate your risk, and invest your time and energy on producing and selling products or services that will likely be protected with a federal registration. 

I expect in this situation, the filing of the mark “Queen of Beers” is a calculated risk.  However, if you don’t invest in a good search before you select your mark, you run the risk of having to change your mark down the road due to someone else’s prior rights.  When that happens, you lose any goodwill associated with the mark to date and are forced to begin anew.

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.