How to trademark an alcoholic drink [Expert Advice]

Last updated : Aug 17, 2022

Can a drink be copyright?

Copyright. Copyrights are used to protect creative works. Photography, music, and writing can be protected by copyright. Recipes, cocktail or otherwise, cannot, as recipes are considered “facts” and a fact cannot be copyright protected.

Are drink names copyrighted?

Generally speaking, a drink recipe, once published, cannot be protected by copyright. Recipes are considered facts, and facts typically aren't protectable by copyright. Trademark rights are there to protect the use of the mark, in this case, the drink's name, against unauthorized use.

What drinks are patented?

There are currently four drinks protected under the U.S. Patent and Trademark Office: the Dark 'n Stormy, Painkiller, Sazerac and Hand Grenade.

Is the Sazerac trademarked?

Sazerac is known as the first all-American cocktail, invented in New Orleans over 100 years ago and trademarked in 1900. Sazerac Company owns the trademark, and the company declares that Sazerac rye whiskey is the proper base for the cocktail, with the addition of Peychaud's bitters, sugar cubes and Herbsaint.

How much does it cost to patent a drink?

The cost to patent a beverage formula could cost anywhere between $5,000 to $10,000. The majority of the cost is having an attorney assist you in preparing and file your utility patent application.

Can I patent a drink?

A drink may be patented in the U.S. if it meets the legal requirements for patentability. Drinks are typically patented using utility patents. In order to receive a patent, a drink must be novel, "nonobvious," and adequately and clearly described in the patent application.

Is the word Martini trademarked?

MARTINI — Some of the marks are registered in the name of Martini & Rossi S.P.A., and some by Bacardi & Company Limited. On conducting a search, I found that the companies merged in 1993.

Is the Painkiller cocktail trademarked?

A Painkiller is a rum cocktail with a name trademarked by Pusser's Rum Ltd, their signature drink. It is often associated with the British Virgin Islands, its place of origin.

Is 30A trademarked?

Despite the fact that 30A® has been an officially Registered Trademark since March 17, 2009 (Federal Registration Number: 3,592,837), his stated plans are to continue to sell these knock-off products.

What is a utility patent application?

A utility patent protects the way an article is used and works per 35 U.S.C. § 101. To obtain a utility patent, an inventor must file an application with the United States Patent and Trademark Office (USPTO) setting forth certain property claims to be examined. Utility patent applications can have multiple claims.

Can formula be patented?

A method of calculation, formulation of equations, finding square roots, cube roots and all other methods directly involving mathematical methods are therefore not patentable.

What type of glass is used when serving a dark and stormy?

Highball Glass The highball glass can be used to serve these cocktails: Rum and Coke. Gin and Tonic. Dark and Stormy.

Is the word bourbon trademarked?

"Bourbon can be made anywhere. BUT it cannot be labeled as bourbon unless it's made in the state of Kentucky. As in Jack Daniels Sour Mash Whiskey made in Tennessee. It's technically bourbon in every way except where it was produced."

Is Dark n Stormy a trademark?

One of only a handful of trademarked cocktails, the Dark 'n Stormy has a long and rich history. Jane Ryan fills us in.

What word is the mojito derived from?

Mojito comes from mojar, Spanish for “to wet”, and mojo, a Cuban culinary preparation made from lime. Thus prepared, the mojito became the emblem of Cuba in the 1920s and 1930s, when Americans came to the island to escape Prohibition. Then it was Ernest Hemingway, who lived in Cuba until 1960, who made it famous.

How long do patents last for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

How long does it take to get a patent?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

How hard is it to get a patent in US?

If easy means getting a patent without any rejections, then only 11% of utility nonprovisional patent applications get allowed without any rejections according to this Yale statistical study. So getting a utility patent will not be easy in most cases.

Is Coca Cola patented?

The original formula was patented in 1893, but the recipe changed over the course of time and it was never patented again. As such, it remains a mystery. According to the company, only two senior executives have the recipe, but their names are unknown.

Can you copyright a recipe?

Recipes can be protected under copyright law if they are accompanied by “substantial literary expression.” This expression can be an explanation or detailed directions, which is likely why food and recipe bloggers often share stories and personal anecdotes alongside a recipe's ingredients.

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okay and welcome back everyone to master your domain domain very nice frontline lessee attorney Steve Fondren here with you licensed max law in California Arizona and I am joined today by the one the only the fabulous a highly sought after the worldwide renowned or at least statewide frontline lessee how are you today great how are you good very good yeah today we have a really interesting topic and it was basically this is about intellectual property rights in cocktails right I know tourney's shouldn't be talking about this stuff right so but anyway this was spurred on by a friend of mine that was looking at starting a tequila brand and he got me thinking about intellectual property rights and brands you know my favorite my favorite topic the one that gives me passion is helping people launch businesses it's what I love to do in this show master your domain in case you're new this is a husband-and-wife podcast yes you can live and work together without driving yourself or each other crazy at least 25% of the time and we help you here uncover your passions fire your boss launch promotive protect your brand and basically sell your sizzle on the world wide web and if you could say that five times fast I will give you a free no charge attorney Steve endorsed fake billy-bob teeth let me see how much I will put on now hi attorney Steve fair how y'all okay if you want to see that we also we the unique thing about our shows we offer it in a podcast version and on YouTube as a video version for guys like me that love to watch videos where do we get that video site honey youtube-dot-com forward-slash doesn't matter just slash it youtube.com social media lawyer social media lawyer that's where you can catch the video of this show if you want the audio the podcast you can get it through iTunes or the Android Marketplace and find it on attorney Steve store.com nice try you botched show show you even had it written down and you botched it that's amazing hey there we have so many come on okay it's attorney Steve show com sorry so anyway this right one of these days I guess promise I promise I promise yes sorry she will I'm sure she will it's the only question will I be alive to see it yes you will it's Sunday it's fun day Sunday Funday here we are working go for Sunday Funday happy day okay so back to the show if you have anything to say anything relates to the internet brands launching brands you want to build a tequila brand beer brand a lot of people doing home brewery kits now a lot of people doing make your own whiskey now I saw a really interesting board on Pinterest the other day frisky whiskey makes me frisky and had like 500 followers on the board which was yeah it's like wow geez what's going on if you have anything to say call us on this show or the next book Marcus and calls back next time eight seven seven to seven six five zero eight four hello you got that when you nailed that once right so calls up pitch your niche we don't care pimp your products primp your services pimp your knowledge products whatever you're selling your music your books we don't care call up get on the show be part of internet history you too can go down and digital infamy okay so let's talk real quick yeah so talking about cocktails and and Kanan and really this translates to a couple things like recipes can you get intellectual property rights on recipes and and recipes being the recipe for food or recipe for cocktails cocktails usually have you know three or four or five different things can you get a copyright on that can you get intellectual property rights well it's that's an interesting because if you think about what what did Colonel Sanders have I mean he has a recipe that he has trademarked or what does he have on that well they have several things they have trademark copyrights and but the most important thing with KSC is trade secret number it's the secret original recipe so trademarks excuse me trade secrets we'll talk a little bit about that but basically it is short this is attorney Steve short nutshell on intellectual property rights is you know copyright is something like music and everybody knows music and movies are copyrighted right and whenever you whenever you you know download a song or see a movie on TV you always know there's a copyright and you know you've been five years in jail if you copy rentals if you commit mortgage fraud you're a ok don't copy that do not copy that music or the book yeah that does whatever I see it it does scare me a little bit yeah you should that's what it's designed to do and it they always put it up there it's not just flashing up on the screen it's there for two hours before its star it's it's five minutes before the movie but anyway so that's what copyright is any original work of authorship fixed in a tangible medium and that's why I say like your books and your your music art you know artwork that's all copyright you know that your logos that's all copyright your KFC logo that's a copyright a trademark is more of your name it's things that identify the source of the goods you know Kentucky Fried Chicken is a name that's a trademark that's you know just do it is a slogan that's a trademark sometimes you have overlapping where you have a copyright and a trademark and then you have what's called trade dress which would be a good example of that would be like the Aunt Jemima bottle oh really it's very distinctive it's a it's a distinctive bottle and so you can get trade dress protection on that and then the other two things that you have as most people know is the patent where a lot of people confuse things is they think everything is a patent they go all like like I'll say like you know find easy law made easy they go we better patent that I go well patent a product or a patent is is basically a new useful and non-obvious invention that's just a nutshell I'm not going to go into great detail not a patent lawyer but it's basically a new useful and something that would be considered non-obvious and it's you know usually an invention a process you know different different types of things that are patentable but yeah and then the final area is trade secrets where you have a secret that gives you a competitive advantage in your business and if you take reasonable steps to keep it a secret you can have trade secret protection and different rights and remedies come with that they all have different rights and remedies in different durations the patent for example is something that you're it's going to last for a limited time and then anybody can produce it so you get AB limited monopoly and then it goes into what's called the public domain for everyone to use copyright same thing is that they're really long the rights are really long and it survives the the the death of the greater the author trademarks can go potentially forever as long as you're renewing them and using them and there's no other grounds for abandonment trademarks can last a long time trade secrets the same way so each those are those are they whatever to call the five areas of intellectual property and that's just a nutshell so when it comes to

Thanks for your comment Julio Mart, have a nice day.
- Christiane Jakupcak, Staff Member

you

Thanks BetZemedekits0 your participation is very much appreciated
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About the author

Christiane Jakupcak

I've studied legal education at University of Houston-Clear Lake in Houston and I am an expert in business economics. I usually feel ashamed. My previous job was truck driver, light duty I held this position for 5 years, I love talking about pilates and zen tangles. Huge fan of Michael Strahan I practice bodysurfing and collect records.