Ask the Collective
The questions independent drinks founders ask most — answered. Distilled from years of community knowledge so the good stuff never disappears in the feed again.
What should you do if a competitor has registered a trademark for messaging or a brand mark that you have been using since before their registration?
If a competitor has trademarked your brand's messaging or mark, act quickly—your IP is your equity. The key steps are: **Immediate actions:** - **Gather evidence** of your prior use (packaging, media coverage, marketing materials, trade show presence, etc.) and document that the competitor had not used it before their registration. Members recommend collecting as much documentation as possible—one member had around 1,000 documents evidencing their use. - **Check the registration status** and determine if it is still within the opposition period (typically around 3 months from publication), which strengthens your challenge. - **Seek legal advice immediately** from an IP lawyer to assess your options and the costs involved. **Challenge and negotiation:** - You can **challenge the award of the trademark** by submitting evidence of your prior use and their lack of use before registration. Members highlighted that this process can be lengthy and expensive—a reference case (Bacardi's challenge of an "Angels Envy" trademark) started with £600 in fees but became a protracted battle. - Some members suggest starting with an **informal email** to the competitor if you believe the infringement may not be intentional, to gauge their response before escalating to legal action. - **Weigh the cost-benefit carefully**, considering the size of your competitor and their financial resources, as legal proceedings can be time-consuming and costly. **Jurisdictional note:** US trademark law is more favorable to your position than UK/EU law, as it is based on actual usage rather than who registered first. **Warning:** This is often an infuriating and resource-heavy process; get legal counsel to confirm timelines and your best path forward.
Should I hire a lawyer to register a trademark in the USA, and how long does the review process take?
Yes, members recommend engaging professional legal help for US trademark registration, unlike the UK and EU where many handle it themselves. The US review process is slow: **current timelines are approximately 9 months**, with the most recent applications being reviewed from March 2023 onwards at the time of discussion. This represents a significant backlog compared to other markets.
Who are recommended trademark and intellectual property specialists for UK, EU and international protection?
Members recommend speaking directly with specialists who have proven experience in multi-jurisdictional trademark work. One member has worked with a trademark specialist covering UK & EU protection who can also handle other regions, and described them as "so good and quick and easy and reasonably priced." The recommendation is to ask for a direct email introduction via DM to connect with specialists who have already helped other members navigate trademark issues across multiple territories.
Where can UK and EU trademark renewal services be sourced at competitive rates?
Members report that trademark renewal costs can be high, and recommend exploring alternatives to mainstream IP firms. One member successfully used a **Polish lawyer** for EU trademark renewal and handled UK renewal themselves, and is happy to introduce other members to their Polish contact. Another member also has a recommended contact they described as "great" for this service. Members suggest reaching out directly within the community to get introductions to these cost-effective options rather than accepting initial quotes from larger firms.
What should I know about trademark registration in China before exporting spirits there?
China operates on a first-to-register trademark system, meaning you must secure your trademark registration in China *before* entering the market — if you don't register first, someone else can register your mark and prevent you from using it. - **China trademark registration** — First-to-register system; priority is critical. Secure your trademark in China before approaching importers or launching in the market, as precedence goes to whoever registers first, not the original creator.
How should I handle a trade show contract dispute where the organizer postponed the event and is refusing to honour my cancellation rights, claiming they no longer apply to the new date?
This is a contract interpretation dispute where the organizer's position conflicts with the plain language of your agreement. The member's contract stated cancellation rights apply if notice is given "more than 6 months prior to the event"—without qualification to the original date—yet the organizer is claiming the cancellation deadline was tied to the original event date and has already passed, even though the rescheduled event is 11 months away. **Recommended approach:** - **Obtain a solicitor's letter** — Request a formal demand letter from a solicitor to the event organizer, citing the contract's explicit language and your position that postponement does not extinguish cancellation rights defined by the new event date. This often prompts payment without litigation. - **Review the full contract carefully** — Look for any clauses addressing force majeure, postponement, or cancellation rights in relation to date changes. The organizer's interpretation may lack contractual support. - **Document your position in writing** — Send a formal email to the organizer referencing the specific contract clause and your interpretation before escalating to legal action. **Caveats:** - The cost and time of pursuing a solicitor's letter or legal action should be weighed against the refund amount at stake. - Litigation outcomes depend on how the contract is ultimately interpreted by a court, though the member's reading of the plain language appeared straightforward.