Anheuser Busch Files Trademark Application for “DEN”

According to the Denver Business Journal (here) and the Chicagoist (here), global brewer Anheuser Busch filed trademark applications with the U.S. Patent & Trademark Office to associate the three-character airport code for 42 U.S. airports with beer.

On May 1, 2012, Anheuser Busch filed an intent to use trademark application for DEN, the three-digit IATA code for Denver International Airport.  An intent to use application is typically filed when a company desires to protect a trademark but is not currently able to demonstrate use of the trademark in commerce. It serves as a limited placeholder that prevents others from registering that particular mark, in a specified class of goods.  In addition to a $275.00 per application fee at the time of filing, Anheuser Busch will be required to pay an additional $100.00 per application declaration of use fee once it is able to demonstrate use of each mark in commerce. Anheuser Busch has six months from the date of filing to demonstrate use in commerce, or they may file for a six month extension at a cost of $150.00 per mark.  Therefore, on the low end, Annheuser Busch’s trademark application fees should quite easily exceed $15,000.00.

Anheuser Busch will be challenged to demonstrate that each of these marks function as trademarks. The examining attorney with the USPTO charged with reviewing each application may conclude that all or some of the applications are geographically descriptive and do not function as trademarks.  Alternatively, the examining attorney may find that the applied-for mark is merely ornamental, like a slogan on a t-shirt. From a business standpoint, Anheuser Busch must consider whether financial factors can justify creating 42 distinct package designs that use each mark as trademarks.

There are two possible reasons why Anheuser Busch would spend a rather significant amount of resources on 42 intent to use trademark applications. The first is defensive. They may intend to block competitors from using these marks in association with beer. Second, they intend to roll out locally branded beers. There may be a third reason, possibly related to the recent new gTLD applications through ICANN, but this possibility is somewhat remote.

And of course, other than the IATA, everyone refers to Denver International Airport as DIA, not DEN – for which Anheuser Busch has not filed an application.