Florida craft beer trademark registration is becoming a hot topic, as the industry has become increasingly competitive, with the number of small breweries nationally growing six-fold from 2008 to 2016, according to federal data. The trend continued through last year, with The Atlantic reporting the industry had ballooned to employ 70,000 workers – triple what it was a decade ago. The Brewers Association says small, independent brewers account for 99 percent of those in operation. In 2015, there were 2,397 microbreweries, 1,650 brewpubs and 178 regional craft breweries, with Florida being one of the fastest-growing for the industry.
Orlando trademark attorneys have been closely attuned to the growing number of industry clashes on trademark registration and trademark infringement. With more than 6,000 craft breweries now in the U.S., each producing multiple types of beer, that’s a lot of potential trademarks to file. Earlier this year, The Harvard Law Review published a report on “trademark depletion,” the process by which a decreasing number of trademark options remain unclaimed by anyone, and “trademark congestion,” the process by which a mark that’s already claimed is used by an increasing number of different trademark owners. The analysis concluded the number of good trademarks is finite and both trademark depletion and trademark congestion are having a big impact on many industries, one of the most notable being trademarks for beverages (and craft beer trademark registration in particular).
Clever beer trademarks are often some degree of snarky, whimsical, funny or a play-on-words. Problem is, there are only so many “ale” and “hops” puns to be made. Of course, craft brewers are nothing if not creative. It’s important when you’ve got really great brewery branding in place that you protect it with Florida craft beer trademark registration. This can usually fend off potential Orlando trademark lawsuits – or at least give you solid legal grounds on which to fight back if it comes to litigation. In those cases, craft beer companies with registered trademarks win out two ways: They can block other companies from capitalizing on their clever business branding and they protect themselves from allegations of trademark infringement by other firms. Continue Reading