Trademarking Gin

[blackrice]

International

I'm an expat based in Thailand.

I'm starting a small craft gin distillery. I will sell regionally but would like to have the option to sell via internet to US and EU. So I'm looking at TM requirements.

Let's call my brand 'Hot Rod Gin'

Hot Rod is a common word, when I search the TESS database I see a number of 'Hot Rod' TM

1. 'Hot Rod' sells herbal teas
2. 'Hot Rod' is a cooperative for hot rod artists
both have a TM - but are selling products in different markets..

The tea seller is pursuing legal action with the cooperative.

There is no 'Hot Rod' TM for liquor.. But still - I don't have the money to fight this, so maybe better if I steer clear of 'Hot Rod'

Should I try to TM something instead like:

Hot Rod Gin
Hot Rod Distillery
Hot Rod Spirits

or in a pinch I could go with something horrible like 'Thai Hot Rod Distillery' or 'Asia Hot Rod Spirits'

I mean, something broad to specific? Should I trademark in US or every country I plan to sell? (that would bankrupt me).

Stuck, eyes bleeding and head about to explode. I don't want to waste my dosh on the application.

Hot Rod Distillery is my first choice

 

[FlyingRon]

We only deal in US law here.

Understand that producing/selling/importing spirits in the US is a lot more onerous than just getting the trademarks right.
For a tutorial on trademarks in the international marketplace see this tutorial at WIPO: http://www.wipo.int/trademarks/en/

 

[quincy]

International

I'm an expat based in Thailand.

I'm starting a small craft gin distillery. I will sell regionally but would like to have the option to sell via internet to US and EU. So I'm looking at TM requirements.

Let's call my brand 'Hot Rod Gin'

Hot Rod is a common word, when I search the TESS database I see a number of 'Hot Rod' TM

1. 'Hot Rod' sells herbal teas
2. 'Hot Rod' is a cooperative for hot rod artists
both have a TM - but are selling products in different markets..

The tea seller is pursuing legal action with the cooperative.

There is no 'Hot Rod' TM for liquor.. But still - I don't have the money to fight this, so maybe better if I steer clear of 'Hot Rod'

Should I try to TM something instead like:

Hot Rod Gin
Hot Rod Distillery
Hot Rod Spirits

or in a pinch I could go with something horrible like 'Thai Hot Rod Distillery' or 'Asia Hot Rod Spirits'

I mean, something broad to specific? Should I trademark in US or every country I plan to sell? (that would bankrupt me).

Stuck, eyes bleeding and head about to explode. I don't want to waste my dosh on the application.

Hot Rod Distillery is my first choice

I agree with FlyingRon that it will be your alcohol export business that is likely to cause you more legal headaches than choosing a trademark as an identifier for your business and product(s).

For trademarks, your goal will be to avoid confusing consumers into thinking that your business is affiliated in any way with another existing company. This means you will want to choose a name for your business and its products that is not the same or similar to any other business, especially one selling the same or similar goods.

In addition to the link to the World Intellectual Property Organization (WIPO) that FlyingRon provided to you on trademark laws, following are links to Thailand's trademark laws and to Thailand's customs regulations.

Thailand Trademark Laws (with amendments from last year): http://www.wipo.int/wipolex/en/details.jsp?id=16367

Thailand Export.gov: http://www.export.gov/article?id=Thailand-customs-regulations

You should be looking to find in your area an international business law professional to assist you, not only with finding a name for your business and product(s) (finding a trademark) that avoids future trademark legal conflicts but also to assist you with meeting the rules and regulations that will govern the exporting of your product(s).

As a resident of Thailand, the laws you should be most concerned with will be the laws of Thailand. Good luck.

 

[blackrice]

I think I asked too many questions.

Let's dial it back.

There are currently 4 TM given for:

'Hot Rod'

1. protein-based or granola-based meal replacement bars for medical purposes
2. Australian red table wine excluding tea or herbal tea flavored wine
3. dietary and nutritional supplements in the nature of [ heral ] * herbal * teas
4. Herb Tea

So, I'm afraid if I go after:

'Hot Rod' TM

5. distillery of spirits (gin, vodka, whiskey) excluding wine, tea, dietary supplements and meal replacement bars

I might still get pushback.

If instead I go for a different Trademark:

Hot Rod Distillery
or
Hot Rod Spirits

Will that give me more protection?

Thanks.

 

[quincy]

I think I asked too many questions.

Let's dial it back.

There are currently 4 TM given for:

'Hot Rod'

1. protein-based or granola-based meal replacement bars for medical purposes
2. Australian red table wine excluding tea or herbal tea flavored wine
3. dietary and nutritional supplements in the nature of [ heral ] * herbal * teas
4. Herb Tea

So, I'm afraid if I go after:

'Hot Rod' TM

5. distillery of spirits (gin, vodka, whiskey) excluding wine, tea, dietary supplements and meal replacement bars

I might still get pushback.

If instead I go for a different Trademark:

Hot Rod Distillery
or
Hot Rod Spirits

Will that give me more protection?

Thanks.

No, you are really not asking too many questions. You are just asking them on a forum that handles US law questions only. What you need is advice and direction from a legal professional in Thailand.

I suggest you research well the name you plan to choose as an identifier, so that it does not conflict with an existing mark. You can do the legwork yourself (and there will be a LOT of legwork) or you can hire a trademark search firm to do the work for you.

Good luck, blackrice.

 

[blackrice]

No, you are really not asking too many questions. You are just asking them on a forum that handles US law questions only. What you need is advice and direction from a legal professional in Thailand.

I suggest you research well the name you plan to choose as an identifier, so that it does not conflict with an existing mark. You can do the legwork yourself (and there will be a LOT of legwork) or you can hire a trademark search firm to do the work for you.

Good luck, blackrice.

Don't beat me up for not understanding - but....

My questions is about filing a US Trademark. That's a US law question. Is it not?

I have residency in Texas if I want to go that route. My distillery is in Asia. Anyone in the world can apply for a US trademark / use Madrid etc.

I 'dialed it back' because my location (I felt) was confusing the issue (yes I fully understand there are more issues for foreign - and yes I ALREADY have the issues solved for Thai (and other asian countries under control).. I just wanted info on US TM since they are significantly different than Thai, Cambo, Philippines etc.

If I go to my Thai IP attorney and ask him about US TM or Mongolian trademark - he's going to do the same thing I am - turn to bodies that govern TM rules in those countries.

 

[quincy]

Don't beat me up for not understanding - but....

My questions is about filing a US Trademark. That's a US law question. Is it not?

I have residency in Texas if I want to go that route. My distillery is in Asia. Anyone in the world can apply for a US trademark / use Madrid etc.

I 'dialed it back' because my location (I felt) was confusing the issue (yes I fully understand there are more issues for foreign - and yes I ALREADY have the issues solved for Thai (and other asian countries under control).. I just wanted info on US TM since they are significantly different than Thai, Cambo, Philippines etc.

The advice does not change and the links provided are still applicable, although I will add a link to the US Patent and Trademark Office, too: http://www.uspto.gov

Because you are dealing with international trademark law, though, you can make use of the information on the WIPO website. You can learn how to register your trademark in both the US and in Thailand. Again, though, if you are located in Thailand currently, you will need to concern yourself with the laws in Thailand and, again, you will want to make sure your trademark does not infringe on the rights of any other trademark holder. If you already know of "Hot Rod" trademarks that might create legal difficulties for you, perhaps you might want to ditch the "Hot Rod" and come up with a name that is unique for your business/your gin.

Good luck.