MicroBrewr 048: Package your beer cheap and easy with mobile canning, with Mobile West Canning.

MicroBrewr 048: Package your beer cheap and easy with mobile canning

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You pinched every penny. You begged, borrowed, and stole to start your brewery. People are enjoying your beer at the taproom, and now you want to expand your reach. You still don’t have capital to buy a dedicated canning or bottling line. Matt Woempner, from Mobile West Canning, in San Diego, California, explains how mobile canning can work for you.

Mobile Canning West serves San Diego, Arizona and Southern Nevada. Mobile Canning Systems provides training and guidance to all of their affiliates. So if you’re outside of

Mobile West Canning’s area, you can likely find another affiliate who will come to you.

The system is pretty similar throughout.

Contact the mobile canners when you start a new batch of beer. So they’ll have enough time to schedule your job.

This might be the first time that you’re beer in being packaged, so attention short be given to the label. “Artwork, artwork, artwork,” says Matt. TTB has requirements for your label design, and many state alcohol control boards have additional requirements. The mobile canner will help make sure your labels are in compliance.

When the canners arrive, they’ll wheel the machine into your brewery, within several feet of the fermenter or bright tank. They will bring one or 2 people, and they’ll need the help of a few people from your brewery.

At the end of the day, your beer is in 12 oz. or 16 oz. cans, and ready to be sold!

There is a ton of detailed information in this episode—too much to recap here. So listen to the whole episode and see if mobile canning can help you achieve the goals for your brewery.

“This is a tremendous business to be in, and it’s an exciting time to be in that business.” [Tweet This]

 

Listener question:

From Lester Foldi: Is the Craft Brewers Conference worth the price for a nanobrewery still in the planning phase?

Book recommendation:

Check out the entire list of recommended books, click here.

Your Free Audio Book

An upcoming beer style:

India Pale Ale

Other resources:

You can reach Matt Woempner and Mobile West Canning at:

Sponsors:

Kinnek

“Compare free quotes from top suppliers within 48 hours.”

Kinnek "Compare free quotes from top suppliers within 48 hours." http://www.kinnek.com/microbrewr

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MicroBrewr 047: Proof of concept for a brewpub co-op, with Black Star Co-op Pub and Brewery.

MicroBrewr 047: Proof of concept for a brewpub co-op

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If you’re thinking of starting a brewpub, the cooperative business model might be the way to go. Chris Hamje has been at Black Star Co-op Pub and Brewery, in Austin, Texas, since shortly after they opened. He explains how the cooperative model plays out for their operation.

Jessica Brook Deahl, an accomplished and self-proclaimed "Beer Artist" at her opening show with head brewer Chris Hamje of Black Star Co-op.

Jessica Brook Deahl, an accomplished and self-proclaimed “Beer Artist” at her opening show with head brewer Chris Hamje of Black Star Co-op.

“There’s a lot of precedence for a worker-owned factory model,” explains Chris. “When you look at beer, this is a very high-tech fabrication plant. The model works very well, the precedence is there historically, for this exact operational process. When you take the people who are moving parts of this factory, giving the most creative input in what the product is like, you suddenly have something really special. And that works really well in the craft beer movement.”

There are many ways to organize a brewery co-op. Black Star has 2 member bases.

There are about 3,000 “patrons” worldwide, who pay $150 for a lifetime membership, and gain the right to elect a 9-seat board of directors.

The “workers assembly” has great autonomy as they follow the board policies on a day-to-day basis. Employees must work at the co-op for one year before going before an election to gain a place on the workers assembly. The workers assembly has one meeting each month, and votes on day-to-day operations.

Other podcasts about breweries as co-ops:

MicroBrewr 046: Start your brewery as a worker-owned co-op

MicroBrewr 049: Planning California’s first cooperative brewpub

Chris is currently preparing to start a production, package brewery, 4th Tap Brewing Co-op, in Austin that will also be a co-op. He has lots of advice, including:

  • Look at how your state’s laws treat a co-op.
  • Choose a location with high visibility.
  • Take a class in organic chemistry.
  • Hire an extra staff member.

Last week we talked with Sustainable Economies Law Center to get an overview of the cooperative business model and how it might apply to a brewery. Next week we’ll hear from San Jose Co-op Brew Pub about their plans to start California’s first co-op brewery.

Brewery specs:

Kettle size: 10 BBL.

Size and quantity of fermentation tanks: 4, 10-BBL.

Size and quantity of bright tanks: 5, 10-BBL.

Annual brewing capacity/last year’s production: A little over 700 BBL.

Square footage: Around 900 sq. ft., including a mezzanine.

Years in operation: 4 years (opened 2010).

“Always have that little bit of fear that drives you to learn more.” [Tweet This]

 

Listener question:

From Zack Chance: Where do you recommend buying ingredients on the West Coast? How do estimate the number of customers in a year?

Book recommendation:

Check out the entire list of recommended books, click here.

Your Free Audio Book

An upcoming beer style:

Sour Beer

Other resources:

You can reach Chris Hamje and Black Star Co-op Pub and Brewery at:

Sponsors:

San Jose Co-op Brewpub

“Be co-owner in California’s first co-op brewpub.”

San Jose Co-op Brewpub "Be a co-cowner in California's first co-op brewpub." http://sjcoopbrewpub.com/microbrewr/

Support MicroBrewr

Help keep MicroBrewr on the air. CLICK HERE for ways you can help.

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MicroBrewr 046: Start your brewery as a worker-owned co-op, with Sustainable Economies Law Center.

MicroBrewr 046: Start your brewery as a worker-owned co-op

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The cooperative business model is gaining popularity. Even many craft breweries are forming as co-ops. If you want to form your brewery as a co-op, Janelle Orsi, Executive Director of Sustainable Economies Law Center, in Oakland, California can answer your questions.

The cooperative business model is still relatively unknown. A worker-owned “co-op” is usually democratically organized, so each employee gets a vote on business decisions and elections for the board of directors. Employees earn dividends based on patronage—the amount of time they have invested in the business, rather the amount of money they have invested.

Other podcasts about breweries as co-ops:

MicroBrewr 047: Proof of concept for a brewpub co-op

MicroBrewr 049: Planning California’s first cooperative brewpub

Cooperative businesses provide many benefits to society:

  • The work source is stable because the employees aren’t as at-risk of layoff.
  • Profits stay in the local economy, rather than going to faraway shareholders.
  • Customers are happier because they know the product is made by sustainable jobs.

Cooperative businesses experience many benefits:

  • Decisions are made from many contributors.
  • Don’t have to pay double taxes like C-Corporations.
  • Workers are happier because they have a say in their environment.

“If we buy beer from a worker-owned cooperative, we’re actually reversing the flow of wealth.” [Tweet This]

 

Listener question:

If you could ask one question to every brewer or brewery owner, what would you ask? Let me know.

Book recommendation:

Check out the entire list of recommended books, click here.

Your Free Audio Book

An upcoming beer style:

Pale Ale

Other resources:

You can reach Janelle Orsi and Sustainable Economies Law Center at:

Sponsors:

Audible

Download a free audiobook.

Audible. Download a free audiobook. https://microbrewr.com/audible

Support MicroBrewr

Help keep MicroBrewr on the air. CLICK HERE for ways you can help.

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MicroBrewr 045: Launch your brewery with a strong opening night, with West Cork Brewing Company.

MicroBrewr 045: Launch your brewery with a strong opening night

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You’ve spent months working toward opening your brewery, now you’re finally ready for the public. How do you come out with a bang? Henry Thornhill and friends recently opened West Cork Brewing Company in Baltimore, Ireland. They share how to put on a successful opening night.

West Cork is renowned for its high quality food. Now quality craft beer also comes from West Cork.

West Cork Brewing was started in 2014 by three friends, Henry Thornhill, Dominic Casey, and Kevin Waugh, with just €15,000 (approx. US$12,000).

Although it’s a nanobrewery operating in the basement of Casey’s of Baltimore hotel, they knew they had to come out with a bang.

Here’s what they did for their grand opening:

  • T-shirts with brewery logo
  • Promotional photos on the wall
  • Nonstop tours of their brewery
  • Live music
  • Food pairings

Media was also a big part of West Cork’s grand opening. They had coverage in local and national newspapers as well as local radio stations. Here’s how you do it:

  • Send press releases before the event including lots of photos.
  • Invite media to attend the event.
  • Blitz social media.
  • Talk with friends of friends to make connections with media.
  • Keep up the momentum by leveraging coverage after the event.

Reflecting on the event, Henry has some suggestions for ways they could have improved:

  • Write a plan for media outreach.
  • Blitz local radio stations.
  • Decide on a goal for the evening.

“It’s good to have goals and then to work backwards from goals to see what kind of tactics you need to put in place.”

Brewery specs:

Kettle size: 200 liter (53 gallon)

Size and quantity of fermentation tanks: 1, 200 liter (53 gallon)

Size and quantity of bright tanks: none

Annual brewing capacity/last year’s production: 3,500 liters (925 gallons)

Square footage: 400 sq. ft.

Years in operation: recently opened

“ Enjoy today because tomorrow is just another today.” [Tweet This]

 

Listener question:

From Lawrence: How long does it take you to develop your recipes? Where do you look to be inspired when you’re looking to try something new?

Book recommendation:

Check out the entire list of recommended books, click here.

Your Free Audio Book

An upcoming beer style:

Sour beers

Other resources:

You can reach Henry Thornhill and West Cork Brewing Company at:

Support MicroBrewr

Help keep MicroBrewr on the air. CLICK HERE for ways you can help.

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How to apply for a trademark/service mark, guest post by Paul Rovella, L+G, LLP.

How to apply for a trademark / service mark

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There are so many stories about breweries in trademark disputes. We’ve heard about breweries having to change their name, or change the name of their beer, or even being sued for 800 thousand dollars. Following the proper procedure to register your trademarks is one important way to protect you and your brewery.

A trademark is a word or design that is used to identify your company or your product. It can be the generic, plain text, to protect the words, or it can be stylized to protect the design, such as a logo.

A slogan can also be a trademark.

To fully protect your brand, you should register your trademarks with the U.S. Patent and Trademark Office.

Paul Rovella, told us all about trademarks on MicroBrewr Podcast episode 044.

This column is the work product of L+G, LLP, which has offices in Hollister and Salinas. Paul A. Rovella, Esq., an attorney with L+G, LLP, and Max Giacomazzi are the authors of this work. You may contact Paul A. Rovella at www.lg-attorneys.com.

 How to apply for a trademark/service mark

Once you have decided that you would like to apply for trademark/service mark protection (see part 1 for a primer on trademarks and service marks), it is time to apply to the United States Patent and Trademark Office (USPTO) for protection.

Please note, it is not necessary to register a trademark with the USPTO in order to protect it, there are still common law protections for trademarks and service marks based on use in commerce, however, registering a trademark or service mark provides certain benefits, including but not limited to nationwide public notice of ownership and a presumption of ownership of the mark and exclusive right to use the mark nationwide, on or in connection with the goods/services listed in the registration.

Decide on your mark

To apply for a trademark, you must first decide on the mark you are going to use.

There are several important factors to consider when selecting a mark. First, there can be minimal likelihood of confusion with other existing marks. Second, your mark should be easily defensible in court, or be a “strong” mark.

Marks, according to the USPTO, are placed into four categories.

The strongest marks are arbitrary and fanciful marks. These marks have no relevance to the goods being offered, and so are the most easily defensible, such as BELMICO Insurance® or BANANA Tires®.

The next category is suggestive marks. Suggestive marks suggest, but do not describe, the goods being offered. This would include PAGE-A-DAY Calendars®. Suggestive marks are also considered strong marks.

The next category is descriptive marks. Descriptive marks describe the goods being offered, such as CREAMY for yogurt or WORLD’S BEST BAGELS for bagels. Descriptive marks are considered weaker marks, because it can be difficult to defend them.

Generic marks, which don’t even qualify as marks in the legal sense, are the weakest types of marks. This would include BICYCLES for a bicycle retail store or MILK for a dairy-based beverage.

Do a trademark search

After you have decided on a mark, make sure you do a trademark search to see if any other marks are out there which might be confused with yours.

The Trademark Electronic Search System (TESS) is offered by the USPTO for free and is available 24-7 through http://www.uspto.gov/trademarks/ at “TESS search trademarks.” If you do find a mark that is similar enough with yours that there may be a likelihood of confusion, then you must pick or design a new mark.

Apply for a trademark

Applying for a trademark is complex, and requires adherence to all parts of the trademark code. Many people hire a lawyer specializing in trademark applications to speed up the process, and make sure that no part is missed.

All trademark and service mark applications can be filed electronically using the Trademark Electronic Application System (TEAS) on the USPTO website. You can also file on paper, but filing online is much easier and faster.

There are two different applications, the TEAS and the TEAS Plus. The TEAS is $325 per mark per classification. The TEAS Plus is $275 per mark per classification, but you must meet some extra filing requirements.

Once you file, you will receive a filing date, which is important because if there are two similar marks seeking trademark protection from the USPTO, the one filed first will get priority. However, there are some exceptions to this, such as if a mark which has been in use applies second. In this case, the second applier has rights.

There are a few things that must be included in the application, such as the owner’s information, a drawing of the mark, a description of the goods or services represented by the mark, and for use-based applications, depiction of the mark being used in the stream of commerce.

Once you submit the application online, your materials will be reviewed by a reviewing attorney with the USPTO for conformity to the USPTO rules and regulations before publication.

Image showing USPTO@Alexandria by Kazuhisa OTSUBO on flickr (CC BY 2.0) was modified from its orignal state.

 

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MicroBrewr 044: What every brewery should know about trademarks, with L+G, LLP Attorneys at Law.

MicroBrewr 044: What every brewery should know about trademarks

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There are so many stories about breweries in trademark disputes. The last thing you want is to get sued or pay legal fees to protect yourself. Paul Rovella is attorney and partner at L+G, LLP Attorneys at Law in Hollister, California. He tells us all about trademark issues for your brewery.

Although “common law” provides some protection, you are still at risk.

One especially painful story is that of Backshore Brewing Co. The owner, Danny Robinson told us on MicroBrewr Podcast 041 that he had to change the name of his brewery—and he was still sued for $800 thousand and has already racked up $500 thousand in legal fees.

Some other breweries who have shared their trademark issues on MicroBrewr have included Opposition Brewing Co. (episode 16) and Ferndock Brewing Company (episode 39).

Here are some basic steps to protect yourself:

  • Use the U.S. Patent & Trademark Office’s search tool to see whether someone else is already using the name you want.
  • File for a trademark.
  • Use photos or documentation to prove when you start using your business name and your trademark.

“The importance of trademark registration is actually enforcing,” says Paul, “which could be a time consuming and an expensive endeavor.”

There are other options besides suing to protect your brand.

“I always encourage my clients to try to deal directly with their adversary,” Paul advises. “Because then you’re not paying an attorney to create more paper to send to another attorney.”

From the least strenuous to the most, here are the best options for enforcing your trademark:

  1. Make a polite phone call to the person who is using your trademark.
  2. Send a cease and desist letter.
  3. Get a restraining order or injunction and get a judge to make them stop.

PLEASE NOTE: Nothing on this podcast should be deemed legal advice. If you have any questions about the discussions or subject matter of this podcast, you should consult an attorney.

“Smaller businesses gotta be a little more diplomatic in getting someone to stop using your label.” [Tweet This]

 

Listener question:

If you could ask one question to every brewer or brewery owner, what would you ask? Let me know.

Book recommendation:

Check out the entire list of recommended books, click here.

Your Free Audio Book

An upcoming beer style:

Ginger beer soda

Other resources:

You can reach Paul Rovella and L+G, LLP Attorneys at Law at:

Image showing 3D Judges Gavel by Chris Potter on flickr (CC BY 2.0) was modified from its original state. (www.stockmonkeys.com)

Support MicroBrewr

Help keep MicroBrewr on the air. CLICK HERE for ways you can help.

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