Colorado brewery’s effort to trademark ‘nitro’ challenged by Beer industry giants
A Colorado-based brewery’s efforts to trademark the word “nitro” has been dealt with objections from the makers of Bud, Guinness and Samuel Adams, reports Newser. Left Hand Brewing in Longmont, Colorado, is trying to acquire the trademark stamp on the word “nitro” –– short for nitrogen, which the company uses to bottle its beer rather than the more common carbon dioxide. However, this move by Left Hand has been opposed in the U.S. Patent and Trademark Office by the Boston Beer Co., which brews Sam Adams; Diageo, which makes Guinness; and Anheuser-Busch.
As per reports form Westword, Left Hand had been attempting to trademark the word for the last three year. First it snatched the word away from a Canadian brewer on the basis of non-use and then filing its own claim. This attempt by the brewery to trademark the word could also have its consequences. For example, if they succeeds in their attempt to trademark the term, Left Hand could possibly own the market on using the word “nitro” to describe beers using nitrogen in its bottling, a fear conveyed by Anheuser-Busch. Terri Vogt, who is the vice-president of communications for Anheuser-Busch said in a statement, “As a brewer, we have produced our own nitrogenated beers and, like many other brewers, large and small, we need to maintain the ability to identify them to consumers. We have not formally opposed the trademark application, but the extension lengthens our window to do so.”
Oksar Blues a neighbouring brewery of Left Hand said that they could be making a nitrogenated beer next week, could be defenceless to a lawsuit if they use the word nitro on the label. However, Left Hand explains that the trademark filing does not refer to the style of bottling in any way, but to protect the name of some of its best sellers –– for example the Milk Stout Nitro. Left Hand said in a statement that they do not wish to stop nitrogenated beers from being produced or poured, but that they are only trademarking the name of their bottled beer that has become very famous. They also added that a beer with the name ‘Nitro’ or ‘Milk Stout Nitro’, would confuse the public and weaken the strength of the brand that they worked so hard to build.
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