Ommegang files trademark application for ‘Abbey Ale’
UPDATE: I’ve heard from Ommegang and they wish for their reasoning behind this to remain confidential but there is a valid reason for them filing the application without ill intention toward others using it, even if it may carry some consequences.
Along with its other brands, Brewery Ommegang recently filed a trademark application for “Abbey Ale.” The application does not disclaim the use of the word, “Abbey” when used in the name of a beer apart from the two words as a phrase.
This means that if the trademark is registered that any beer with the word, “Abbey,” could arguably be infringing on it.
A quick search of the Beer Advocate database shows that 40 beers contain the phrase, “Abbey Ale.” There are also dozens more beers with just the word, “Abbey,” including New Belgium Abbey Grand Cru.
via USPTO (fixed link).
Breweries: Brewery Ommegang
Link to the trademark as the one in your post seems to not work
http://tess2.uspto.gov/bin/showfield?f=doc&state=4003:4ilen4.2.1
They should try to get a trademark for the word “Belgian”. What a bunch of douchebags…abbey ale is a style of beer, they’re infringing on absolute retardedness in trying to trademark that.
If the Examining Attorney knows much of anything out does a decent search, the application should be rejected for being merely descriptive or, possibly, generic.
I love the way simple-minded people jump to idiotic conclusions on the flimsiest of evidence, and also fling nasty insults while knowing nothing at all about what is actually happening. Edward, you should have worked for Dick and Bush on publicizing Iraqi weapons of mass destruction. You could have been a big asset. Cheers, all.
The Onion’s send-off to Steven Jobs seems so appropriate here.”Last American Who Knew What The Fuck He Was Doing Dies.”
Judging from the trademark application (go to: http://www.uspto.gov/trademarks/index.jsp, search marks, “Basic Word Mark Search (New User) “, and type in “Abbey Ale”. Trademark searches are timed so any direct link will time out.) and the terse response from Mr. Bennett, the mark they are going for is a “(4) STANDARD CHARACTER MARK”. After a quick google:
“1. If we get approved for a trademark using a “standard character mark”, does that mean that we have locked up that phrase and nobody else can use it in the specific category that we were approved for?
No. A registration doesn’t give you trademark rights, in only registers existing rights. If a senior, non-registered user exists, its rights would trump yours (with certain caveats). Also, registrations are subject to cancellation. Finally, the test for infringement (and therefore the extent of your TM rights) is “likelihood of confusion”, not “category” of use.” http://www.patentexpress.com/free-legal-advice/standard-character-mark_291282.html
Granted a lawyer could provide more insight, but this does not seem to lock up the phrase Abbey Ale.
They also are trademarking a design for Abbey Ale too, if you search it will come up as the other application, so maybe they are doing a re-branding of some sort?
Thanks, fixed the link.
“If a senior, non-registered user exists, its rights would trump yours (with certain caveats).”
Well, I’d guess that most of the beers out there were created after the point in time that Ommegang is claiming as first use which would probably go back to 1997. Just because a brewery has an existing beer prior to this filing wouldn’t protect them as far as I know…if that is what you are getting at.
I think that will be I think that this may open up the floodgates for lawyers from various breweries to get involved in filing formal oppositions. Perhaps a lot of money is going to be spent around this one filing…even if that wasn’t Ommegang’s intention (which from what I gather, wasn’t).
One important impact this would have (if it’s approved, which it probably should not be) is that even if you are a senior user of the phrase “Abbey Ale”, Ommegang’s registration would inhibit expansion of your current geographical territory – use rights only apply to where you have already used the mark (if you are not registered). Federal registration reserves rights to any “un-used” markets. So if you sold your Abbey Ale in Southern California, but no other markets, this registration would prevent you from expanding into any other markets.
Also, even if the mark is considered descriptive, if Ommegang has used it for more than 5 years, descriptiveness won’t be an issue. Five years of use gives the owner an automatic assumption of “secondary meaning” which when combined with a descriptive mark can be trademarked. Generic-ism would be a stronger argument.
I see your point Adam. I was reading what I found a bit differently. It will be interesting to see if Ommegang does official PR about this further down the road. Even better if Larry Bennett writes it.
Weyermann just released an “Abbey Malt®” (pr to soon hit beernews I assume 😉 . They’ve had a trademark on it since 2006, they are not claiming the exclusive right to the word Malt, and beer is one of the services covered by the mark. Interesting how this will all pan out.
FWIW: The Union of the Belgian Breweries (UBB) holds the registered U.S. trademark on “Belgian Beer”.
Theoretically, this seems to indicate your local bar can’t hold a “Belgian Beer Night” without including beers brewed in Belgium.
Nick, for what class of goods do they hold the trademark? It can typically be used outside of that class of goods without issue.
Seen here:
http://www.beerparadise.be/emc.asp?pageId=728
I’m not an expert in these matters, but I can’t see where a Belgian beer event without any authentic “belgian beer” would NOT present a trademark issue.
Here’s what Wikipedia says about Abbey ales/beers. : http://en.wikipedia.org/wiki/Belgian_beers#Abbey_beers
Hello all. Mea culpa for shooting my mouth up above. I was annoyed at the party who leapt to conclusions and slung nasty names about Ommegang. I violated my own internet rule after writing my remarks, and pushed the send button without sitting on it for a while. Shouldn’t have done so. My sincere apologies to anyone offended or annoyed by my remarks. As to beer names, most people, including me, understand that “abbey ale” is a general style descriptor used by dozens of beers. Regarding the rest of the posts, “Dave” from Oct 9, is on the right trail. Larry Bennett