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Q: Can an alchoholic drink be trademarked and or protected? If so, how? ( No Answer,   0 Comments )
Question  
Subject: Can an alchoholic drink be trademarked and or protected? If so, how?
Category: Business and Money > Advertising and Marketing
Asked by: bschonec-ga
List Price: $15.00
Posted: 24 Jul 2006 05:10 PDT
Expires: 24 Jul 2006 08:04 PDT
Question ID: 748968
I have come up with a recipe for a mixed drink that is unlike any
other that I've seen before.  It's not just the recipe but the
_technique_ of mixing and pouring that makes the drink so unique.

I let an aquaintance in on the recipe at a party and now she is
sharing her knowledge (and the name) with her bartender friends in the
city.  Evidently, it's a bit hit with the bartenders although they've
not yet got the technique down.

Is it possible to register the drink name, recipe and techinque so
that I can protect myself and prevent others from using it?  I intend
to license the drink (if possible) to establishments in the city.  A
bar in New Orleans called The Tropical Isle (www.tropicalisle.com) has
a drink called "The Hand Grenade".  On there web site in the past,
they offered a "finders fee" to anyone who notified them that another
bar/establishment was using the name "Hand Grenade" without The
Topical Isle's permission.  I'd like to do the same.

If it's possible to protect the drink, recipe and technique please
explain how I would get started doing so.

Request for Question Clarification by pafalafa-ga on 24 Jul 2006 06:04 PDT
The name can be Trademark protected, the recipe can be registered with
the Copyright Office, and the technique, believe it or not, may be
patentable if it is really something new and unusual (though this is a
bit of a stretch, I admit).

However, walking you through these procedures is way more than $15
will buy!  Your best first step would be to register the drink name as
a trademark:


http://www.uspto.gov/web/offices/tac/doc/basic/
Basic Facts About Trademarks 


Does that help?


pafalafa-ga

Clarification of Question by bschonec-ga on 24 Jul 2006 07:24 PDT
I've checked at the US Patent and Trademark Office and see the
procedure for trademarking/service marking. I don't [yet] have a logo.
 I have only the actual drink, drink name, recipe and
equipment/technique for creating my drink.

Will I need a logo to trademark?  Will the name be sufficient?

Basically I want to put a claim on my concoction so that nobody else
can use it without my permission.
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