Astoria, OR asked in Copyright, Intellectual Property and Trademark for Oregon

Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?

2 Lawyer Answers

A: That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also consider filing a federal trademark application. The USPTO application fees for one class of goods (i.e., coffee) is $250*. If you are not currently selling coffee using that trademark, then you will file an "intent-to-use" application which requires a supplemental form in the future with proof that you are using the mark in commerce for a fee of $100*.

*All USPTO fees are current as of today and may change in 2025.

Trademark law can be deceptively complex. It currently takes 9-12 months before a trademark examiner even picks up an application due to a backlog, and that does not guarantee you will pass the examination. You will save time and money if you hire an attorney now to make sure you do it right the first time rather than be forced to rebrand in a year.

James L. Arrasmith
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Answered

A: The name "Goondocks Blend" could potentially infringe on trademarks related to "The Goonies" movie, as Warner Bros. actively protects their intellectual property rights, including merchandise and related products.

When naming food and beverage products, you'll want to avoid references to well-known movies, books, or other copyrighted works, even if the connection seems loose or playful. Consider that large companies often trademark variations and misspellings of their properties to prevent similar uses.

To stay safe, you should conduct thorough trademark searches through the USPTO database and consult with an intellectual property attorney before launching your coffee blend. They can help evaluate the risk level and suggest modifications to protect your business while maintaining your creative vision.

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