First to Use or First to File?

We are a “first to use” jurisdiction for trademarks in the United States. That means, if you are the first to use a trademark in multi-state commerce you have “priority” over those who use the same trademark after you, and are the rightful owner of the mark. However, we also have a trademark filing system … Read more

Applying for a License to Grow Hemp in Wisconsin – 2022 Edition!

A lot has changed since Wisconsin growers and processors of hemp applied for their first permits from the Department of Agriculture, Trade and Consumer Protection under the 2014 Farm Bill. Now, the growing of hemp in our state is managed by the USDA via their local Farm Services Agencies, among many other changes. In this post … Read more

A Diagram for Success

One of the most critical steps in applying for your Brewers Notice with the TTB is putting together a diagram that shows your brewing operation and will be (happily) accepted by the TTB Agent assigned to review of your materials. Following, is a short list of the critical elements you need to include in the … Read more

Brewery & Winery? I can be both?

This post is a 30,000 foot view of the process of becoming a brewery and winery in Wisconsin simultaneously. Yes, you read that right, a brewery can also be a winery or vice versa. As small producers seek to differentiate themselves and expand their market presence, clients seeking to become both a brewery and a … Read more

Print Your Own: Electronic Trademark Registration Certificates from the USPTO

Big announcement! The United States Patent and Trademark Office (“USPTO“) will begin issuing electronic registration certificates for all trademark applications filed from today onward. What does this mean for you?: If you apply for a new trademark, the USPTO will provide your registration certificate digitally, rather than on paper, when the mark registers. However, if … Read more

Marijuana Legalization: Closer Than it’s Ever Been, But Still a Ways Away

I’m sure you’ve heard the news – the House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act on Friday April 1, 2022. The bill, if enacted, would remove marijuana (delta-9 THC) from the controlled substances list, impose a 5% tax on the sale of marijuana products nationwide, and provide mechanisms for the expungement of previous … Read more

Alcohol Producers: Do I Need a Municipal Liquor License to Serve in my Tasting Room?

As many of you know, a significant portion of the work OG+S does is dedicated to the federal and state permitting that is required to open and operate a new brewery, brewpub, winery, or distillery. Inevitably, after the Federal (TTB) and State (DOR) permits are received, many clients ask, “Do I need a license from … Read more