Labels and other intellectual property are essential to creating a brewery and a memorable brand. There are numerous statutes, both federal and state, that govern brand registration.
How to Register Your Brand Label
To register your brand label, you must file a Certificate of Label Approval (COLA) with the TTB. You can find more information on filling out your COLA online and fill out a COLA application. You must have a permit from and have filed a brewer’s notice to the TTB before you submit an application for a Certificate of Label Approval (COLA).
Minnesota brand label registration is done through the Minnesota Department of Public Safety Alcohol & Gambling Enforcement. There is also a Brew Pub Brand Registration Application.
Minn. Stat. Section 340A.311 (Brand Registration)
Brands of intoxicating liquor or 2.3 percent malt liquor may not be manufactured or sold in Minnesota unless the brand label is registered and approved by the commissioner. Brand registration must be renewed every three years. Initial brand registrations costs $40 and renewal is $30.
The Lanham Act
Congress enacted the Lanham Act in 1946. It provides for a national system of trademark registration and protects the owner of a federally registered trademark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
To register a trademark, you must file an application with the United States Patent and Trademark Office (USPTO).
