Issue link: http://read.dmtmag.com/i/402796
e've all seen the small "R" on the labels of some of our favorite products, but does the average per- son really understand what that mark signifies? Does the consumer fully understand the rights and responsibili- ties that come along with that mark, or what hurdles the applicant had to over- come to register it? Over the last several years, these hurdles have become increasingly chal- lenging. In response to single manu- facturers making products in several different classes of goods – for exam- BY CHAD R. CARAKER AND WHITNEY L. MCMURDIE ple, a wine producer also making beer – certain goods that were traditionally viewed by the U.S. Patent and Trade- mark Office (USPTO) as belonging to separate markets are now viewed as being related to one another, thus expanding the scope of the USPTO's analysis when reviewing applications for new marks. This article will explore some of the unexpected challenges for wine pro- ducers, and offer some guidance to help avoid common pitfalls when regis- tering new marks. Protecting Your Brand The market is more crowded than you realize 1 1 6