Q:Where did the Indeed name originate?

Nathan Berndt: We contemplated what we would name our brewery for quite some time while writing our business plan. We’d brainstorm for days and weeks. When we’d find a name we liked, we’d do the due diligence on the availability of it. We’d often find out the name was already in use by someone or it had already been registered with the state. Just before we decided to take a break from the naming process, someone, I think it was Tom, threw out the name “Indeed.” At the time, we weren’t sure about it as a name. After finalizing our business philosophy and mission, the name just seem to fit with our company and brand we are trying to create. We want to first create beer of undeniable quality, while at the same time embracing a mindful and adventurous approach to life. The word, “indeed,” is an affirmation of this mindset that guides our company.

What I love about Mr. Berndt’s answer is the thoughtfulness, patience, and objectivity it shows.

First, the owners brainstormed while working on their business plan. In other words, they didn’t put the cart before the horse. They used the business planning process to help guide their choice for a name.

Second, after they discovered a name they liked, they conducted a due diligence review, exploring federal and state trademark registers for possible conflicts. If the name was already in use, they moved on. This can be especially challenging for start-up businesses, because it’s so easy to get emotionally attached to a name. What’s worse, many businesses fail to even explore the availability of a name before adopting it, only later to find out in a cease-and-desist letter that another business was already using the name, is equally emotionally attached to it, and is now considering filing a trademark infringement lawsuit. Indeed avoided all of this, simply by being patient, thoughtful, and objective.

Third, the owners were persistent. They let their ultimate choice sit for a while as a possible name, and considered it objectively in the context of their overall branding and company mission. And it looks like they had some fun with it too!

Finally, when they settled on Indeed, they filed trademark applications through the USPTO’s intent-to-use process. And they did it thoroughly, too, leading to the following registrations: Indeed Brewing, the Indeed logo, and Midnight Ryder. And one very soon-to-be registered mark, Stir Crazy.

This is not to say things are perfect: Indeed seems to have run into a snag with Day Tripper and Shenanigans Summer Ale. Indeed might also want to think twice about the long-term viability of Haywire and the possible descriptiveness of Fresh Hop for Indeed’s seasonal Wet Hop Pale Ale.

But, all things considered, this is one of the better examples of pre-launch trademark planning by a start-up business that I’ve seen.

So, next time I’m out, I’ll make sure to order an(other) Indeed.

Source: Indeed Brewing Company, www. indeed brewing.com

P.S. My first Indeed came through a friend that used to work with the local artist Chuck U. Chuck U is the man behind the great steampunk artwork on the Indeed cans.

Source: United States Patent and Trademark Office

Patents:

A patent is a grant of exclusive rights over an invention to an inventor by the government. In exchange, the patent is publicly disclosed. These rights allow the holder to exclude others from using or selling the invention.  Patents do not run indefinitely, though. In the United States, patents expire after 20 years.

Interesting Patents:

Patent #6,469 : Abraham Lincoln is the only president to have a patent. In 1849, he was granted a patent for a method of “combining adjustable buoyant air chambers … to enable [ships] to pass over bars, or through shallow water, without discharging their cargos.”

Patent #1 : In 1790, the very first US patent was given. It was signed by George Washington and issued to Samuel Hopkins.  The patent covered a method of making an ingredient used in fertilizer.

Patent #N/A : Despite being a prolific inventor, Benjamin Franklyn never patented any of his designs, saying “that as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours and this we should do freely and generously.”

Copyright:

Copyright protects original works of authorship (literary, musical, dramatic works, etc.) that  can be reproduced or communicated. A copyright gives the holder the ability to prevent others from reproducing the work.

Copyright Facts:

• Copyright can even extend to magic tricks.  On April 11th, 2012, Teller
  (of Penn and Teller fame), filed suit against another magician for imitating part of his act.
• Mickey Mouse has shaped our modern copyright law.
• There are a lot of myths about copyright.  For example, contrary to popular belief,
  mailing a copy of the work to oneself does not grant additional copyright protection.

Trademarks:

A trademark is a legally registered distinctive sign that identifies a product as coming from a single source. The mark gives the owner ability to restrict how others can use the same
or similar symbols or phrases.  There are three symbols that are primarily identified with trademarks:

Trademark Symbol (™) – This symbol indicates that the preceding mark is a trademark; however, it does not necessarily mean that the mark has been registered.

Service Mark Symbol (℠) – Similar to the trademark symbol, the service mark symbol identifies the mark as indicating a service rather than a product.

Registered Trademark Symbol (®) – This symbol indicates that the previous mark (trademark or service mark) has been registered with a government organization (e.g. USPTO).

Trademark facts:

• Trademarks are not limited to symbols and phrases.  Even scents and shapes can be
  trademarked.
• Trademarks are of immense value to businesses.  They protect the relationship between
  the consumer and the company by guarding the mark that the public associates with the
  trademark holder. Forbes recently identified the most valuable trademarks in the world.
  Google topped the list with its mark valued at $44.3 billion, Microsoft was next at $42.8 billion.
• The Bass & Co. Brewery of England claims  to hold the world’s first trademark. 
  Their pale ale’s red triangle logo was first registered in 1876.

A well-known example comes from Vermont folk artist Bo Muller-Moore. Bo screen printed shirts with the phrase “Eat More Kale.” These shirts sparked a cease-and-desist letter from Chick-fil-A, alleging that the shirts are likely to cause confusion with and dilution of Chick-fil-A’s trademark to “Eat mor chikin.” The legal pressure has caused Bo to turn to social media to attempt to defend himself. He even raised money to fund a documentary of his legal battle using Kickstarter.

Trademark choices can have serious legal consequences. Without adept representation, even something as simple as a t-shirt can turn into a trademark nightmare.

A trademark is any word, design or other thing that identifies the source of a good or service. In the United States, a registered trademark is identified by the ® symbol and a non-registered trademark is identified by the letters ‘TM.’

Trademarks are classified according to the trademark’s level of “distinctiveness,” which is generally understood to fall into 1 of 4 categories: generic (“apple” for apples), descriptive (“red” for apples), suggestive (“honeycrisp” for apples), and arbitrary/fanciful (“Apple” for computers).

Why should I register a trademark?

Registering a trademark with the United States Patent and Trademark Office (USPTO) gives you the exclusive right to use the trademark nationwide and creates a legal presumption of ownership. You can also use the ® symbol, sue in federal court under federal law, request statutory damages (instead of proving actual damages), and register your trademark in another country, based entirely on the US registration. A trademark can also become a valuable intangible asset that you can include in the net worth of your company.

How do I register a trademark?

To register a trademark in the United States, you or your attorney must file an application with the USPTO. This application can be based on actual use of the trademark or simply an intent to use the trademark. It can also be based on a registration in a foreign country.

How much does it cost to register a trademark?

The USPTO charges $325 per trademark, per class of goods. So, for example, if you register the word “NIKE” for shoes and golf balls, it will cost $650, even though you are registering only one word. Likewise, it will also cost $650 to register the word “NIKE” and the “Swoosh” symbol just for shoes. In addition, there are costs for hiring an attorney.

Why do people hire attorneys to file trademarks?

There are two major reasons: time and knowledge. Many people start a business while they are employees of a company and working 40+ hours a week. They simply don’t have the time to learn about trademark law and then file a trademark application. They also know they won’t have time to communicate with the USPTO’s examining attorney and handle additional paperwork after the registration is filed.

Even if they have the time, they often recognize that their time is better spent directly on the business – product development, market research, advertising, etc. Furthermore, it can be stressful to register a trademark if you don’t know enough about trademark law. A trademark attorney can eliminate that stress and free you to focus on your business.

Why do people file for trademarks without an attorney?“

The most likely reason is money. Registering a trademark and hiring an attorney can be an expensive part of starting a business. However, most business owners who file for their own trademarks probably do not appreciate the costs of getting the trademark part of the business “wrong.” The last thing a start-up company needs is to have to deal with a cease and desist letter, defend itself from an infringement lawsuit, relabel its goods, re-do its advertising, and then end up registering a new, second, trademark anyway! Business owners with a limited budget should consider finding partners or family members who share their passion and are willing to contribute to the start-up expenses for a share of the projected profits. If you need help forming a business entity with partners in Minnesota, Weseman Law Office, PLLC offers a full set of business law services.

How do I hire Weseman Law Office, PLLC to register my trademark?

Call 612-568-5532 or send an email to attorney Draeke Weseman at dw@wesemanlaw.com to talk about your trademark needs. You can also visit the Trademark page for a more specific explanation of the trademark services offered by Weseman Law Office, PLLC.