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 are the key differences between filing a US trademark directly with the USPTO versus through WIPO/Madrid Protocol, and what proof of use is required?
The US trademark system works fundamentally differently from most other jurisdictions—it's first-to-trade rather than first-to-trademark, meaning you're not fully protected unless you're actively trading. **Filing routes and proof of use requirements:** - **WIPO/Madrid Protocol route** — Registration is loosely considered first use, and you'll need to prove use between years five and six of registration. This is the longer-term, lower-initial-risk path. - **Direct USPTO filing** — You'll need to prove use immediately, or file a contingent option (which effectively requires you to pay rent on the trademark every six months until you can prove use). This requires quicker action. - **Proof of use definition** — Proof of use must be evidence of sale of goods or promotion of goods. Simply importing into the US and movement through the chain of commerce is sufficient to make a 1(a) filing—you don't need to employ staff or be physically present in the USA. **Recommended trademark attorneys:** - **Novagraaf** (contact: Luke Portnow) — Used by multiple members globally and for US work. - **Inlex** (contact: Franck Soutoul, fsoutoul@inlex-monaco.mc) — Recommended for international trademark work. - **Lewis Silkin** — Used successfully over several years. - **Marks and Clerk** — Noted as decent but expensive. **Important caveat:** The process takes considerable time—members reported timelines of over a year for their filings. Plan ahead accordingly.
Is Seedlegals suitable for fundraising rounds, and when should you hire a traditional lawyer instead?
Seedlegals is a smart legal document platform rather than a traditional law firm—it gives you access to templated documents to tailor yourself, but does not provide strategic advice, negotiation support, or term sheets guidance from experienced lawyers. Members' experience depends heavily on the complexity of your round. **When Seedlegals works:** - **Seedlegals** — good for straightforward rounds (e.g. bringing on a couple of new investors) or if you've raised before and know what you're doing. The platform is user-friendly. **When to hire a traditional lawyer instead:** - **Legaledge** — recommended by members for more complex fundraising. One founder noted their experienced strategic general counsel was invaluable for pushing back on terms, working to tight deadlines, and ensuring the deal structure was robust. - **Getting a good solicitor through recommendation** — Several members found that hiring a lawyer with investor and SME experience, negotiating a flat fee upfront, was not significantly more expensive than Seedlegals (which takes a commission on revenue raised) and provided much greater protection. Members who went this route were happy to work with the same team across multiple rounds. **Key caveats:** - Seedlegals takes a commission on funds raised, which can add up to more than a flat-fee lawyer would cost. - If anything goes wrong in the future, a document you've self-tailored on Seedlegals may not protect you adequately. Members stressed the importance of having someone who can "push back" on terms and advise what's "normal" vs. "abnormal". - For anything more complex than a simple add-on round, get professional legal advice.
Who do members recommend for trademark registration and legal work in the EU and USA?
Members have used specialist trademark lawyers for EU and USA registration. **Clare Mann at Dehns** has been recommended as a reliable choice for this work. One member also mentioned **Franck** as having been "brilliant" for their trademark needs, though no further details on Franck's firm were provided in the discussion. Members suggest asking for referrals via direct message if you need additional contacts, as several people indicated they have trusted partners to recommend.
What firms and approaches do founders use to protect trademarks and intellectual property, and what should we consider when filing?
Members recommend engaging specialist IP law firms early to guide trademark applications and ensure broad category coverage for future product development. **Recommended IP law firms:** - **McDaniels Law** — described as very reasonable; seek a direct introduction from community members - **Howes Percival LLP** — praised as super helpful; ask them for a pre-filing report on whether your mark is trademarkable, and be clear upfront on all product categories you want to cover now and in future - **IP21** — members' go-to firm; multiple endorsements **Key considerations when filing:** - Get a trademarkability report *before* submitting your application to avoid wasting time and money - Be very clear and broad about the product categories you want to cover, thinking ahead to any future product development—this prevents having to refile later. Members emphasise that taking time upfront to define your category scope properly can save significant hassle down the line.