Had another call with our Lawyer. He has gotten word from the trademark lawyer and they found out some more interesting news. It appears there is a third player in this trademark game. A company in New Mexico is coming up with an App that has to do with beer and has filed for trademark before Rochester has. So really they could send the same letter to Rochester that Rochester sent to us… New Mexico has up to 4 more months to complete their trademark process. If we (or Rochester) can get our doors open before then, we may be safe from New Mexico or Rochester “taking” our name from us. So we could push to open before Rochester does and before New Mexico finishes the trademark process and then Rochester wouldn’t have a case and we would just have to worry about New Mexico coming after either of us. If we don’t open before Rochester does then we would just be screwed.
To push to open as fast as we can means spending a lot more money on items that would have to change if we did not make the time cut off or if we lost in court – signs, growlers, wasted publicity.
As I posted before, changing our name now would mean a lot less expenses and time rather than waiting until we are open. Sort of like cutting your loses and moving on.
There is just so much risk! Can we open before Rochester? Can we open before New Mexico finishes trademarking? Can we win in court?
More to think about.