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If you have read our article “Trademark battles through the ages” you will be familiar with the Budweiser case. Two companies, AB InBev, (founded by an american but now a Belgian company) and Budvar, (a Czech company) both have rights to the Budweiser name but in different countries. For example, in Germany, Budvar has the rights to the Budweiser name, whereas in the US, the court ruled in favour of AB InBev meaning that Budvar’s beer is sold under the brand name “Czechvar”.
However, AB InBev, has decided to temporarily rebrand it’s beer in the US. So from now until November it will simply be called “America” beer. The company has chosen this timeframe in order to profit from the holidays and the political and sporting events that are due to take place, such as the presidential elections on 8th November, the 4th July celebrations and the Summer Olympics.
AB InBev has not filed a trademark for their new name, presumably because they only want to use it for a short period of time. Furthermore “America” is already used in the trademarks of a large number of goods and services (for example American Airlines and ) and therefore any application would be likely to meet opposition.
Consumer’s reactions to the beer’s new name so far have been mixed but we will have to wait and see how the public reacts to the new name once the new cans have been released.
Changing your brand name, especially without a filing a trademark for it, is always a risk. In order to reduce the risk of any potential infringement you should always complete a detailed trademark search before launching your goods or services under your new name. If you are only rebranding for a short period of time like Budweiser then it may not be worth applying for a trademark. However, if you are planning to permanently rebrand then you should definitely apply for a trademark as well as completing a detailed search of your chosen market to ensure the continued protection of your brand.
For advice and more information on searching, acquiring, registering and enforcing Trademarks please visit our website, http://www.lipex.com.
Our unique database of trademarks for sale or license could save you time and help protect your brand.
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