Post #528593 by Limbo Lizard on Fri, May 7, 2010 7:36 AM

On 2010-05-06 18:58, rev_thumper wrote:

"I looked in the US PTO trademark database and no one has a trademark for "Demerara Rum" and I am not sure anyone could file one since Demerara Rum is a specific example of a geographic name for a spirit in the United States Standards of Identity."

Search the trademark database for "Demerara", or registration number 2381130. Demerara Distillers Limited renewed the trademark for the word "Demerara", used in connection to 'Goods and Services: Rum', on 4-29-2010. They also have registered the trademarks, "Demerara Reserve", and "Demerara Gold" - seems unnecessary, though, if they all ready have a lock on any use of "Demerara" for rum.

Hmmm,... does this mean I could secure a trademark for the term "Puerto Rican", when used for rum? Take that, Bacardi!

Considering how long Lemon Hart Demerara Rum, so labeled, has been sold in the U.S. - longer than El Dorado? - there is probably a good common law case against them being forced to stop using the word "Demerara". Especially, since - as Rev_Thumper pointed out - one shouldn't be able to enforce a trademark of a long-used regionally descriptive term. Maybe the reason Demerara Distillers LTD was able to get 'Demerara' trademarked is because Lemon Hart, et. al., never bothered even trying. They assumed that it would have been like trying to trademark "Caribbean" or "Jamaican", in reference to rum.
Of course, if LH is no longer being produced in Demerara, Guyana, they can't argue that their use of the term is geographically descriptive, can they?

"The rum's the thing..."

[ Edited by: Limbo Lizard 2010-05-07 08:28 ]