Winter Welcome
January 2025
We continue our 10 year anniversary celebration and answer a few questions we have been asked over the years.
Like “What does Branchwater mean?”
And “Why is Branchwater Farms plural?
What’s in a name?
Trademark law is fascinating!
If you have never tried to trademark something, and you have a lot of time on your hands and at least $20,000 to spare, we highly recommend you jump right in.
We invested a considerable amount of time in coming up with the name for our farm. We spent countless date nights batting around ideas over dinner or drinks, scribbling them down on cocktail napkins when we had a flash of inspiration, and rehashing them the next morning. We searched the web to see if potential names were already in use, and we cross-referenced Urban Dictionary to be sure a name didn’t mean something really trashy without our knowledge (one did). Names with ampersands were still trendy at the time, and we had a list of those, as we tried to combine our histories and personalities into one vision for the business as expressed in a name. We’re grateful that we ultimately didn’t go down that path.
We knew that our logo would be the tree of life trivet that Kevin had inherited from his grandmother. It was stylized enough to look both like a head of wheat or like an apple tree, and it lent itself to growth and renewal, which is what we wanted to convey.
Branch water is a term for water from a creek and an old way of ordering a bourbon in Kentucky is to request a bourbon and branch. The name we finally settled on for our business was Branchwater Farms. “Branchwater” is what we wanted for easy use as it has a sing-song quality when paired with other words, like “Branchwater Bourbon” or “Branchwater Brandy."
We’ve often been asked why it’s Farms, not Farm. The reason we’re plural is because our vision for Branchwater is to be an integrated group of systems utilizing organic and regenerative agricultural principles. We were never going to be just a distillery, and we knew that animals would need to be part of what we do on the farming side of things.
As soon as we incorporated, we started to research the mark “Branchwater.” At the time, no one had applied for the trademark for alcoholic beverages, but the complicated thing about trademark law is that you must show use or intent to use in order to get the mark assigned. We couldn’t show use back in 2015, as we didn’t even have a clear path to funding. We could show intent to use, of course, but this put us on a timeline where we would have six months to show use, and we could extend two more times for a fee. That only gave us an 18-month window. Our funding progress was slow going and at times it seemed hopeless. So, we didn’t want to throw more money at something that might never come to be. We revisited the trademark issue once our loan was approved, and we took some initial steps at that time to retain counsel and to do some knock out searches with the trademark office. We did not, however, move forward with our own registration because it would confine us to the 18-month timeline and that was too optimistic.
Instead, we pursued the mark “Branchwater” for the class condiments, since we could prove use here for the honey, vinegars and hot sauces we had been producing for a few years. We received that trademark in June 2020.
Once that mark was assigned to us, and the barn was nearly complete, we went after the trademark for alcoholic beverages with more vigilance. Unfortunately, a few things stood in our way. First, there was a restaurant in Seattle named Branchwater, and they had the trademark “Branchwater” for restaurant services. Our lawyer advised that the trademark office likely would not award the mark “Branchwater” to us for the class of alcoholic beverages because it is too closely linked to restaurant services. Second, another distillery in Kentucky had applied for the mark “The Branch Water Bourbon” ahead of us. Third, there was another distillery who had also applied for the mark “Branch Water.” And fourth, there was a water company who had applied for “Branch Water.” This meant that we were at the bottom of the list. There are no medals for fifth place.
A woodblock rendering of the farm for our back labels, by Molly Lemon, a printmaker who specializes in wood engravings.
Keep Calm and Lawyer On
Our lawyer encouraged us to apply for the mark and see what the trademark office had to say. We were denied, based upon the Seattle restaurant’s assignment. So, we suspended our application and took another route.
Kevin had been googling Branchwater in Seattle to see if they had remained open through Covid and it appeared they had closed for good. Their Facebook page was idle, and their website URL was up for sale. We by no means took pleasure in learning of another business failing during the pandemic, but it opened up a path to us that had previously been blocked.
Our lawyer wrote to their lawyer making a claim to prior use for our condiments, since we had been making them longer than the restaurant had been open and asked them to stop using the mark. They replied asking if we would want to purchase the assignment from them for $5000. It was clear that they were closed for good and had no plans to reopen, so they couldn’t show use or intent to use. Our lawyer suggested we counter with an offer, which we did, and we got the assignment.
This moved us from fifth place up to first place and we now have the mark “Branchwater Farms” for condiments and “Branchwater” for restaurant services. But of course, this is not the end of the story.
One distillery rescinded their application which left “The Branch Water Bourbon” and the water company with registrations pending. Our lawyer advised that since the trademark office rejected our application based upon the Seattle Restaurant, they had likely done the same for the other two distilleries and that is why one had pulled out. But the distillery in Kentucky filed an action against the Seattle restaurant claiming that they could not show use, as they were closed, and requested that they relinquish the mark “Branchwater.” They filed this on the same day that our assignment of that mark was recorded with the trademark office.
So, our lawyer sent them a letter claiming that: 1) they had sent their complaint to the wrong company, and 2) we had two “Branchwater” marks and could show historical use and intent to use. There seemed to be two possible outcomes to all of this – either they would give up and withdraw or they would consent to a restricted use of the mark by us. The former would be ideal, but the latter would also work, as we would specify that they could only use the mark “The Branch Water Bourbon,” and in no other way. What we wanted to avoid was a scenario in which they would continue to use the mark however they wanted, without an assignment, as litigating this (requesting that they stop using the mark altogether) would mean a very expensive federal court case. Ultimately, the Kentucky distillery withdrew their claim.
This left the water company ahead of us, suspending our application. Our application also received an unexpected, second round refusal on the basis that our “Branchwater Farms” mark was merely descriptive of the underlying alcoholic beverage goods. In other words, the Trademark Office felt the name “Branchwater” described moonshine, and one cannot trademark descriptiveness. This was unexpected because when we first applied to trademark “Branchwater” for alcoholic beverages, we were denied on the descriptiveness issue. So, that application was suspended, and we pursued the mark “Branchwater Farms” instead, which we felt couldn’t be descriptive. The Trademark Office felt otherwise.
The water company filed for extensions until their time ran out and they could not show use. Their application was abandoned on June 5, 2023. With this prior-filed application no longer an obstacle to us, we could move our application out of suspension and address the descriptiveness refusal directly.
As we were preparing to make these arguments, we discovered that our application had been removed from suspension and moved to a Final Office Action. This was done in September 2023, and it basically meant that we couldn’t move our application from suspension into action again without first appealing the Final Office Action to make our application viable again. Thankfully, the USPTO agreed that the Final Office Action was taken without following protocol and our application for the mark BRANCHWATER FARMS was actionable again.
We made our descriptiveness arguments in January of 2024 and were issued a Notice of Allowance later that month. We then had until June to show use, which we could easily do, and — FINALLY — the United States Patent and Trademark Office issued our Certificate of Registration for Branchwater Farms, um, BRANCHWATER FARMS®, thank you very much!
Presently, we have Branchwater® for restaurant services and Branchwater Farms® for condiments and Class 33: alcoholic beverages. We are now pursuing “Branchwater” for alcoholic beverages, but guess what? Another application has since been filed ahead of us from a cidery in Michigan. Their application blocks ours, but our registered marks block theirs. We have politely asked them to abandon their application, but we have not heard back yet. It’s just a matter of time, and money, and patience before we get it, in the strategic game known as trademark chess.
Branchwater Farms is our name and our identity, and we’re trying to build something here that will outlast us. So, we need to protect it now so that it has value in the future.
Thanks to everyone who came to our Holiday Craft Fair on December 7th. It is our favorite day to be small business owners. We take immense pride in being able to provide a space for local artisans to share their crafts. We realize there are lots of markets this time of year, so we are extra appreciative that our community showed up in such numbers to support local creatives. And a special thank you to all the vendors for braving the freezing temps to make this another successful event!
HOLIDAY HOURS AT BRANCHWATER PROVISIONS
We will be open Thursday, December 19th - Sunday, December 22nd (12-5pm)
CLOSED Dec 23rd, 24th and 25th
and open Friday, December 27th - Monday, December 30th (12-5pm) before settling down for a long winter’s nap!
The store is stocked with great gift ideas, including pre-made gift baskets. If you want to build your own gift basket, we can help with that too. Plenty of great stocking stuffers and hostess gifts as well.
On the provisions side of things, we still have plenty of frozen Branchwater whole roaster chickens - perfect for a small gathering or roast a few and make them the centerpiece of a holiday spread. People swear by our chickens! And honestly, we do too :-)
CAVIAR & PERIGORD TRUFFLE PRE-ORDERS
End the year on a high note with a little dose of decadence. We will be offering caviar and truffle pick up from the farm store for Christmas and New Year’s.
Order deadline for Christmas is Monday, December 16th by 10am for pick up the 19th-22nd
Order deadline for New Year’s is Thursday, December 26th by 12pm for pick up on the 30th
Email your requests to hello@branchwaterfarms.com
American Paddlefish
30g $25 / 50g $41 / 125g $100
Hackelback-American Sturgeon - subject to supply
30g $32 / 50g $53 / 125g $130 / 250g $260
Classic Ossetra
30g $60 / 50g $90 / 125g $230
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Perigord Truffle
$60/oz
What we’ve been mixing up lately
Snowflake
1.5 oz Branchwater Rye
1 oz Method Dry Vermouth
***
0.75 oz Faccia Brutto Centerbe
0.5 oz Branchwater Bosc Pear Brandy
Stir with ice, strain over a large cube in a chilled rocks glass, garnish with a lemon twist and curl up with your favorite holiday movie or jam out to Jingle Bells!
*** The rumors are true — we made Vermouth this year — two of them in fact! We started with a base of New York State Vidal Blanc, which we fortified with our spirits before adding a blend of bitters, herbs and citrus for the Dry Vermouth. We added spices and a little extra charm to the Dry to make the Sweet.
We will be hosting a Branchwater Vermouth release party on Saturday, February 22nd (3-5pm), where you can sample both Vermouths, or try them in a Branch-tini or Branch-hattan! See, Branchwater really does have a sing-song quality about it!
Simple and Heavenly Roast Chicken
(A Branchwater Farms staple, inspired by our dear friend Allison Cook’s recipe)
Preheat oven to 400
Start with a happy bird. May we suggest a Branchwater chicken?
Bring to room temperature
Cut the wings off at the joint (roast alongside the chicken, remove after 45 min of cooking and eat ‘em!)
Heavily salt the cavity
Prick a whole lemon with paring knife all around, insert in cavity - you can also add any fresh herbs of your choice in the cavity at this point
Either truss the chicken or tie the legs together
Pat entire bird dry
Rub olive oil over bird, generously season with salt and pepper
Put on a baking sheet with oven rack breast side up
Cook for 30 minutes, lower temperature to 350 and cook for another 45-60 minutes until done, depending on size
Remove from oven, tent with foil and let sit for 15 minutes before carving
Serve with your favorite salad and seasonal veggies!
We were incredibly honored to be featured on the No-Till Growers Podcast Network recently, where we talked to our good friend and mentor, Mimi Casteel about our farming journey and some of the challenges we have faced along the way.
Looking ahead…
We will be on our winter hiatus from January-March. Check our website or Instagram stories for signs of life between our monthly newsletters.
Mark your calendars for our Vermouth Release Party on Saturday, February 22nd! (3-5pm)