Collin Schaefer 
What happens when two trademarks have the same spelling? Can they coexist? The answer is yes, but with some caveats. The Trademark Act provides for a system of trademark classes to categorize goods and services. Classes 1-34 cover goods, while classes 35-45 cover services. The use of the same trademark is permissible across different classes, … Read more
This post is about Chapter 4 of the Distilled Spirits Beverage Alcohol Manual (“BAM“). The BAM is the classification guide the Alcohol Tobacco Tax and Trade Bureau (“TTB“) will use to classify a distilled spirits product into a category (whisky, gin, vodka etc.) depending on its formula. This post is pretty short, but pretty nerdy. … Read more
Three years ago, I went on vacation. When I came back, COVID started, my son Noah was born, our team grew, and shrank, and grew again; time became a vortex. I cannot believe three years has gone by, but it has; time really flies. A lot of things have changed in both our business and … Read more
We are a “first to use” jurisdiction for trademarks in the United States. That means, if you are the first to use a trademark in multi-state commerce you have “priority” over those who use the same trademark after you, and are the rightful owner of the mark. However, we also have a trademark filing system … Read more
A lot has changed since Wisconsin growers and processors of hemp applied for their first permits from the Department of Agriculture, Trade and Consumer Protection under the 2014 Farm Bill. Now, the growing of hemp in our state is managed by the USDA via their local Farm Services Agencies, among many other changes. In this post … Read more
Compensating service providers with equity is a pretty regular occurrence with startups. New companies don’t have a lot of cash (or any) to pay the people they need to run the business (just get a quote on the cost to develop an MVP of your new app if you don’t believe me) and providing equity … Read more
One of the most critical steps in applying for your Brewers Notice with the TTB is putting together a diagram that shows your brewing operation and will be (happily) accepted by the TTB Agent assigned to review of your materials. Following, is a short list of the critical elements you need to include in the … Read more
This post is a 30,000 foot view of the process of becoming a brewery and winery in Wisconsin simultaneously. Yes, you read that right, a brewery can also be a winery or vice versa. As small producers seek to differentiate themselves and expand their market presence, clients seeking to become both a brewery and a … Read more
I’ve never had a client say to me, “Oh Collin, we have plenty of time to get our Brewers Notice, no reason to rush!” Ha! Everyone is rushing all the time – they want to start making beer now! So…two quick points to make in this short post: What is the standard time for the … Read more
Big announcement! The United States Patent and Trademark Office (“USPTO“) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you?: If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers. However, if … Read more
