INTA and USPTO Hold Beverage Industry Examiners Training

On November 9, 2022, INTA’s Trademark Office Practices Committee and the U.S. Patent and Trademark Office (USPTO) jointly held an industry training for the USPTO’s examining attorneys and staff, focusing on the evolving world of hard seltzers, energy drinks, wine, beer, and spirits.

The Experts

At the training, three beverage industry veterans shared their knowledge with more than 400 government officials and trademark examining attorneys. The speakers included Ryan Krill, the CEO and co-founder of Cape May Brewing Company (USA); Anthony Spina, head of System Electrolyte Charged Seltzers (USA) and previously the Senior Brand Manager at White Claw; and Scott Gerien, who heads the intellectual property department of Dickenson, Peatman & Fogarty (USA).

Lindsey Corbin, founder of delegate.legal, a legal services firm, and member of the Trademark Office Practice Committee, moderated the event.

Industry Trends

The speakers explored an array of topics and industry trends, such as alternative packaging and brand extensions. Mr. Gerien noted the recent surge in canned wines, as opposed to traditional bottling, as well as liquor brands expanding to make mixes, such as margarita mixes, that pair with their original products. He also shared insights into the recent explosion of hard seltzers entering the market, such as mineral water company Topo Chico’s new product, TOPO CHICO HARD SELTZER, or Bud Light’s BUD LIGHT SELTZER. Mr. Spina discussed the continued development of seltzers that have a lower or no alcohol content and how the younger generation is embracing sobriety on a different scale. He noted that brands are riding this new wave and introducing alternative alcohol-free products for all.

Industry Concerns

The speakers also explored industry concerns, including policing of trademark infringements. The beverage industry appears to generally support the USPTO’s move towards rejecting specimens that do not look authentic. In making their determination, examiners consider whether the mark is a substantially exact representation of the mark as used or in connection with the product.

Specimens extend beyond labels though, including in some instances menus and other displays associated with the goods. For instance, many wineries and distilleries have tasting rooms where guests can purchase or taste products in glasses featuring the brands’ names. Therefore, trademark examiners may need to analyze a broader set of specimens.

Mr. Krill and Mr. Spina discussed their brands and development throughout the years as well as co-branding and partnerships. Mr. Krill touched on the development and licensing considerations that arose from the Cape May collaboration with WaWa.

The event was a great opportunity for industry collaboration and continued outreach with the USPTO.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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