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Schlafly wins years-long family fight to trademark its name

The Saint Louis Brewery—brewer of Schlafly Beer—filed for a trademark registration in 2011, but several members of the family were against it, led by conservative activist Phyllis Schlafly.

ST. LOUIS — After a years-long legal battle, Schlafly Beer will be able to register its name as a trademark.

The Saint Louis Brewery—brewer of Schlafly Beer—filed for a trademark registration in 2011, but several members of the family were against it, led by conservative activist Phyllis Schlafly.

The brewery was co-founded by Tom Schlafly and his relatives. Phyllis was Tom’s aunt.

Phyllis has since passed away.

Credit: Photo by Brendan Smialowski/Getty Images
Phyllis Schlafly, president of the Eagle Forum, listens to applause during the Family Research Council's 2007 Washington briefing October 19, 2007 in Washington, DC.

In 2016, the Trademark Trial and Appeal Board (TTAB) denied challenges from Phyllis and her sons to block Schlafly from using the family name as a trademark for beer.

On Tuesday, the U.S. Court of Appeals for the Federal Circuit confirmed the decision from the TTAB.

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The brewery successfully proved it was large, prominent and successful enough to register the Schlafly mark on the basis of “acquired distinctiveness.”

“The Court of Appeals ruling affirming the decision by the TTAB confirms that the mark “Schlafly” for beer meets the requirements for a trademark registration. The decision unequivocally confirms that Schlafly Beer has built a name for itself as a trusted brand for the beer consumer for over 27 years,” a news release from the brewer stated.

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“Since we began selling beer in 1991, the Schlafly name has been our connection to our consumers. The trademark allows us to ensure that the trusted product is protected for years to come. It also allows our talented team to continue efforts in brewing innovations, sustainability and community involvement,” Tom Schlafly said.

Schlafly Beer sells more than 60 types of beer in 14 states and Washington, D.C.

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“We are here today due to the support of our local St. Louis community. The trademark ensures that our loyal customers know that when they buy Schlafly Beer, they are purchasing the quality product that they’ve come to appreciate over the last 27 years,” Tom Schlafly stated in closing.

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