According to a story featured in the Coloradoan, even non-English beer brand names could conflict with English names with the same meaning. The source says that U.S. trademark regulations prohibit two different brands from adopting the same name, no matter what language is used. One example provided by the source is the Zwei Brüder Brewing Company, based in Fort Collins, which was targeted with a cease and desist letter for using a name too similar to another company called, “Two Brothers Brewing Company.” This is the English translation of Zwei Brüder.
Although the Two Brothers company was based in a completely different state, the company obliged, saying it was easier to do that than spend the money contesting it in court. Considering the specific language used for a beverage name could lessen the chance that other businesses are putting out products with a similar one. This reduces confusion among consumers and, as this case shows, the chance of litigation as well.
Writing for the Brewery Law Blog, attorney Danielle Teagarden suggests that companies consult with legal professionals before pushing their beer names or labels forward, so they don’t risk getting rejected by the Alcohol and Tobacco Tax and Trade Bureau (TTB).
“Sometimes shooting a branding direction to a beer attorney is worth it, before doing too much building out and, worse, investing in a trademark direction that has uncertain label approval chances,” she writes. She also links to the guidelines listed by the TTB which concern various different elements that could be referenced on a label.
It’s hard to come up with a truly original and memorable brand name. Avoid conflicts and legal hazards by setting up industrial labeling systems that will make printing new ones easier should a revision be necessary.