The USPTO allows an applicant to file an application for a registered trademark up to 3 years before the applicant actually begins using the mark in commerce. This is one of the main reasons why I recommend that upstart breweries make trademarking their brewery’s name a top priority. Typically, after filing a trademark application, an applicant will have to wait 3-6 months until the USPTO even looks at your application. This gives you as much as 3.5 years to square away everything else (i.e. permits, bonds, financing, etc.) before you will have to worry about beginning to use your mark.

Plus, once (if) your application is granted by the USPTO, you will have a legitimate ownership interest in that trademark application, which may help you with fundraising (assuming you have selected a quality name).

Filing a trademark application typically only costs $275-325 for federal filing costs (plus $150 due every 6 months until you establish use). Of course, if you want to make sure the application is filed properly, I recommend hiring an attorney.

Feel free to call me (703)539-2757 or write to dan@dcbrewlaw.com if you have questions. I give free consultations.