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– if the blog author contacted you to request an exemption, or explanation, before making their post? We have given out over 200 gallons of samples in the last 2 years, in person, at craft fairs, health food stores, and the Big E.  We have gone through more than 250,000 sample cups, a quarter million! Well, perhaps I was too optimistic. Use … Because in the end, it is a common term for something that can be made at home. Read short blurb at this link https://www.uspto.gov/faq/trademarks.jsp#_Toc275426712: Federal registration is not required to establish rights in a trademark. Make yourself aware of what foods are GMO and absolutely don’t buy them ever, no exceptions? Fire cider is made from immune boosting herbs and roots such as: … They produce their “health” tonic in PLASTIC hoses and PLASTIC bins. You want ‘fire cider’ available to everyone always and we agree with you! This is something their legal advisors should have discussed with them since it is a product that has already been developed, they just added a few things to make the recipe their own. Good thing salsa has never been trademarked. What next!?!?!?!? Â. I’m not an expert on trademark law, but here are the most salient points as I understand them: -As I mentioned above, our trademark is based on our establishing a secondary meaning, that is to say creating in the general public an identification of our specific product with the name Fire Cider. My guess is that this all blows over and they just crawl back into the hole from which they came. Service by hand should be made during business hours to: Plus you can use fire cider in so many ways — from … Let’s play fair 🙂, Thanks for sharing this! It’s found its way from our herbal kitchen to national headlines as well as into the courts. I guess sooner or later everything catchy will be trademarked! Anyone who makes their own version of fire cider can call it that. The conversation got pretty heated on […]. If you need to flag this entry as abusive. It doesn’t matter that people have been calling the concoction fire cider for 1 month or 30 years before Dana did. This was a dumb move by people far more interested in cash than they are interested in sharing…well anything. I made some some time back and wife bout run me out of house… For all intents and purposes, for the USPTO office, it’s like a company making up a word, trademarking it, and then saying, actually.. it’s generic. I too have learned this reciepe from Rosemary Gladstar, one amoung thousdans whom I’m sure have. The term "fire cider" was coined by one of our most famous herbalists, Rosemary Gladstar in 1980, where it's featured in her home study course, copy written books, and writings. In general I am very strongly of the opinion that by operating on the Internet you subject yourself to certain rules of conduct, and that includes allowing disagreement and even negativity to be directed at you, without trying to wipe it away. It can still be passed down from generation to generation, imparting the goodness of whole foods medicine to the people as the people’s medicine. Rosemary popularized this recipes close to 30 years ago but it’s origins can be traced back to small villages and towns around the globe. I call it theft. I posted a polite comment expressing my disappointment with their position and briefly explained why I thought they were on the wrong track. Register PRINCIPAL In the music world, you can’t do it. Currently, ‘fire cider’ is not a generic term as recognized by the USTPO. However if they decide to SELL IT (like on Etsy) they just can’t sell it under the name “Fire Cider” because Shire City Herbals trademarked it first. That said, it’s only been necessary once so far (not related to this issue), and we agonized over the decision; much more often, we’ve simply approved comments which questioned our motives or our information, and responded as best we could. And sure, maybe not everyone is familiar with borscht, and perhaps yours is amazing and you are turning the general public on to it, but now all the people who make and sell borscht have to call it something else, like beet soup, which doesn’t sound as cool. Revoke Fire Cider Trademark, a petition to the US Patent & Trademark Office, organized by Rad Herb, . Buy only used clothes, made of natural materials? https://www.eff.org/deeplinks/2013/11/trademark-law-does-not-require-companies-tirelessly-censor-internet. Fire Cider is also an ingredient in The Hive’s signature Skinny Greens juice, which contains spirulina, kale, ginger, and cucumber. They might reconsider, but do they understand the ethics of the herbal community? It’s that simple. Once that first cold is averted, you are hooked… At the onset of any head cold, you reach for the fire cider and the cold never settles in. To craft our tonic, we start with a base of raw, certified organic apple cider vinegar, which has long been used by everyone from grandmothers to farmers to extract the beneficial properties of vegetables, fruits, herbs, and spices. Current Basis 1A Don’t buy from Amazon.com? Just one day after Jeopardy named Ken Jennings interim host, the game show legend has found himself in hot water due to an insensitive tweet from six years ago. I like to think that being a part of the herbal community means sharing knowledge with others to carry on a centuries old tradition. In order to obtain the Fire Cider trademark, this statement appeared above the signatures of the owners applying for the mark: The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. I am from northern Canada, and all of my family love this remedy! I was going to use Pirate Cider.. EFF writes about this issue here in an article called “Trademark Law Does Not Require Companies To Tirelessly Censor the Internet”: By slapping a trademark on a traditional recipe you are limiting others in the community and those who may wish to learn more about it. This is a battle they will never fully win. Call your cider whatever you want. Fire Cider, Tonic, 8 oz with shot glass, Wildflower Honey flavor, 16 Daily Shots, Apple Cider Vinegar, Whole, Raw, Organic, Not Heat Processed, Not Pasteurized, Not Diluted, Paleo, Keto, Whole 30. [For the purposes of this discussion, let’s use fire cider to refer to the traditional herbal medicine preparation, “fire cider” to refer to the term, and Fire Cider® to refer to the company who have trademarked the term. Important conversations are happening now. etc”. Don’t use a cell phone whose towers are killing off birds faster than acid rain? My (very cynical) take on the whole thing is that it’s all about the pursuit of the Almighty Dollar. I am sure Rosemary has made thousands of gallons and sullied as many sample cups sharing the recipe she calls: Fire Cider. . There was another suggestion of giving it over to a trust so it could be protected and everyone could still use it. Fire cider is one of those home remedies that, once you make it and start passing it around, people want it. For decades, recipes and processes have been stolen and claimed by so many people. You can also save the strained pulp and mix it with shredded veggies like carrots, cabbage, broccoli, and … i’m headed to bed, but i’ll make sure to go through and approve anything left here when i get up in the morning.). 4.5 out of 5 stars 245. You can at this time, challenge a trademark application if it conflicts with a business name or logo that you posses. Give me a break. (Edit tue.28.jan 10:00pm – looks like this was restored sometime today; good on them! Then they could in fact ™ Shire City Herbal’s Fire Cider. It’s totally messed up. Hmmmm, that kind of has a catching sound to it…maybe I’ll trademark it! Ahhhhh! We all spend all summer at the farmer’s markets trying to educate people. ©2020 Verizon Media. Most all my herbalist friends are, too. That’s part of what has everyone so stirred up. What these people did was not a smart move. They are frustrated because they feel this action is disrespectful to their traditions, their community, and their elders and teachers. -A successful challenge to our trademark on the grounds of trademark abandonment would leave us open to being run out of business by larger and/or better funded players in the natural foods industry.  Forgive me, if I’m wrong, BUT wasn’t there a product made by Bragg’s sometime in the 60’s or 70’s named “Fire Cider”??? And remember how karma works. They have invested lots of research, money, and hard work into not only making a great tasting, consistent, safely made product but sharing this concept of fire cider with more people than ever before. Fire Cider's history is ambiguous with different names and different stories but it is always based upon the same type of ingredients, depending on what is available in the region. What’s interesting in this case is that the herbalist community commits to sharing and serving their bioregion or direct community. Now this company has added yet another thing for the rest of us to worry about. thanks! And it has to do with trademarking. I find it unconvincing for all the reasons already presented here, and feel that at best it sidesteps the issues being raised, at worst it presents outright untruths. It is extremely popular here and I feel wonderful selling a product that is beneficial to one’s health. United States Patent and Trademark Office It is however, a good time to harvest plants and make plant medicine. Something went wrong. We should not have to come up with a new name for our product. To dismiss their concerns is to fail to listen to the people whose goals are most closely aligned with those Dana says he’s pursuing. In the past year we’ve seen several companies pop up, calling a wide range of concoctions “Fire Cider”. Do they double down on their claim to the term/recipe combination, and go after publishers who want to put out another edition of Rosemary Gladstar’s Medicinal Herbs, which includes a fire cider recipe on page 74? No one trademarked before because herbalists don’t do that — it’s not who they are. Once a stern, yet respectful letter has been drafted, submit it via the policy of the USTPO (submit with the Secretary of Commerce, and State agencies as well). As we saw our business grow, it made sense to trademark our brand name. At the onset of a cold, I take a spoonful of cider 3-4 times daily. If you are confident in your recipe, you should just trademark your name in front of the words Fire Cider…like Sally Jo’s Fire Cider or Bob’s Authentic Fire Cider. When selling it, make up a catchy name. I also studied with Rosemary and learned to make this recipe years ago and there is nothing proprietary about it. To share something as if you’re the only place it can be gotten doesn’t empower people to take care of their own health; that’s not what herbalism is about. (At least they left the Four out and it’s not a vinegar…). This term has been in use for at least three decades (long before the company’s inception in 2011), and probably longer. I’m waiting to see how this plays out, and I am overjoyed to see all the many herbalists stepping forward in outrage, solidarity and soul-ution based idea’s for Dana. As with many recipes, the Fire Cider we have available today has evolved over time and the precise origins are even rooted in a bit of controversy (more on that in a minute). And it’s possibly missing some marketing finesse. Â. I’ve seen some comments that put me off, absolutely. Lack of respect? Word Mark FIRE CIDER No one ever says “adhesive bandage”, we all say Band Aid, and gelatin is often called Jell-o, even if it isn’t Jell-o brand. I am continually surprised by the US trademark offices willingness to allow the entire English language to be trademarked. You'll get our next mailing. As mentioned in previous posts, I think the simple solution would be to just add their name to the title of the product! Blaire Edwards, Herbalist and Product Developer, explained to me the importance of opposing the trademark of fire cider: Check out this video, which explains the story behind the controversy, and also lists below it what you can do to help.  Failure to exercise reasonable diligence in enforcing a trademark constitutes “trademark abandonment”. This is great turn of events, and I’m hopeful we can all work together for a positive resolution! Alexandria, VA 22314, The Office of the General Counsel may be reached by telephone at (571) 272-7000 during business hours.”. The Fire Cider Controversy (& Recipe) ... And for the past 40 years or so it has been affectionately called Fire Cider. Analogies aside, I do think it is a move made purely for profit. Fire cider is a lovely kitchen remedy that I believe was first *put into the public spotlight* by Rosemary Gladstar, who taught it to my teacher, who taught it to me. It would also appear many people back into antiquity have used the term Fire Cider commercially and privately and have common law rights to that use which were perfected prior to Shire City asserting a secondary meaning claim. Office of the General Counsel I first became aware of this issue when I read Michael Blackmore’s Facebook post about the trademarking of the term “fire cider” by Shire City Herbals of Pittsfield, MA and the subsequent action taken by Etsy to remove a product with that name from the Etsy store of The Withered Herb, an herbalist out in Washington state. This comes shortly after I learned that Thieves® Oil is a trademark for an essential oil based on the Four Thieves Vinegar. I say all this as a non intellectual property lawyer so I can easily be wrong. Fire Cider. Don’t buy any plastic at all? So their definition of “abusive” seems to be “anything less than completely positive.” it proved to me that they were not interested in a fair and ethical business model. This is what is available via a general search.  I really do appreciate it, especially as a portion of the feedback we’ve gotten has been the opposite of civil. We all are caretakers of the planet, but if someone wants to sell a product of their own recipe, then they should. Â. As a policy major with some experience in administrative remedy (ie – seeking a cure before legal action is needed), I would propose a course of action. It is similar to a word or phrase being in the public domain under common law principles. Seems like the right answer to me. Since you have missed this window of opportunity but can still use the name, “fire cider recipe”, and can also trademark a business as “So-and-so’s Fire Cider”, I don’t understand what the problem is? Take the bus, ride their bike? In this day and age, it’s all about the Benjamins not ethics. I also recognize that the sheer volume of thoughtful and measured comments, deserving of responses, would be difficult for any three people to work through in one weekend. why not trade mark the recipe just like the old patient medicine folks did in the past– this is Chief xyz Fire Cider– then there is no rip off of the historic product that anyone can make and should be able to call it by it’s traditional title. And the part of their letter that suggests taking it to the USPTO… They did not say that out of defiance or digging in their heels.. Others have written about it quite eloquently and with much grace. No need to convince the USPTO of anything, just let it go. Thousands of herbalists worldwide have been using this name as a general term for decades, and it is understood that each person makes their own version of cider. One phase of this process is checking to see if the trademark application name conflicts with an existing name as determined by the USPTO. I assume they intend to distribute their product in major retailers (if they aren’t already). The Fire Cider 3 Illustration by Margarat Nee. I am super late to the party, but Ryn, I admire your patient & thoughtful examination of the topic! They are mass producing this product. It a cultural creative that all who practice this type of wort cunning, witch doctoring, wise womaning, herbalin as my 5 year old likes to call it that we abide by the unwritten rule of sharing and crafting medicines and knowledge with the community in mind and holistic empowerment through wellness as the goal. Will they ask Mountain Rose Herbs to remove this Craft Your Own Fire Cider blog post and YouTube video? 600 Dulany Street 1. Please check your entries and try again. Was introduced to a word doc, Sorry, but that takes lots of suggestions also! Read short blurb at this link https: //www.uspto.gov/faq/trademarks.jsp # _Toc275426712: Federal registration is store. 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