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65-491: Fassel (translated " barrel ") is a surname of German origin. Notable people with the surname include: Hirsch Bär Fassel , pioneer of the Reform Judaism movement Jim Fassel , American football coach Preston Fassel , Jewish-American writer See also [ edit ] Fasel , surname Fossel , surname [REDACTED] Surname list This page lists people with

130-533: A standard size of measure , referring to a set capacity or weight of a given commodity. For example, in the UK and Ireland, a barrel of beer refers to a quantity of 36 imperial gallons (160 L; 43 US gal), and is distinguished from other unit measurements, such as firkins , hogsheads , and kilderkins . Wine was shipped in barrels of 119 litres (31 US gal; 26 imp gal). A barrel of oil, defined as 42 US gallons (35 imp gal; 160 L),

195-417: A 'secondary meaning', such that the mark is so distinctive that people associated it with specific brand name in the marketplace . A generic term is the common name for the products or services in connection with which it is used, such as "salt" when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of

260-422: A badge of origin. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off . Trademark rights generally arise out of the use and/or registration (see below) of a mark in connection only with

325-464: A barrel when water or alcohol is lost due to evaporation , a portion known as the "angels' share". In an environment with 100% relative humidity , very little water evaporates and so most of the loss is alcohol, a useful trick if one has a wine with very high proof. Most beverages are topped up from other barrels to prevent significant oxidation, although others such as vin jaune and sherry are not. Beverages aged in wooden barrels take on some of

390-419: A business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which may generally be used by anyone—including other manufacturers—to refer to a product without using some organization's proprietary trademark. Marks which become generic after losing distinctive character are known as generic trademarks . Marks which are

455-522: A cask. The modern US beer barrel is 31 US gallons (117.34777 L), half a gallon less than the traditional wine barrel (26 U.S.C. §5051 ). Barrels are also used as a unit of measurement for dry goods (dry groceries), such as flour or produce. Traditionally, a barrel is 196 pounds (89 kg) of flour (wheat or rye), with other substances such as pork subject to more local variation. In modern times, produce barrels for all dry goods, excepting cranberries, contain 7,056 cubic inches, about 115.627 L. In

520-549: A convex shape and bulge at their center, called bilge. This facilitates rolling a well-built wooden barrel on its side and allows the roller to change directions with little friction, compared to a cylinder . It also helps to distribute stress evenly in the material by making the container more curved. Barrels have reinforced edges to enable safe displacement by rolling them at an angle (in addition to rolling on their sides as described). Casks used for ale or beer have shives and keystones in their openings. Before serving

585-435: A cooper and tubs made of staves in use at the grape harvest. Herodotus ( c.  484 – c.  425 BC) allegedly reports the use of "palm-wood casks" in ancient Babylon , but some modern scholarship disputes this interpretation. In Europe, buckets and casks dating to 200 BC have been found preserved in the mud of lake villages . A lake village near Glastonbury dating to the late Iron Age has yielded one complete tub and

650-632: A grape distillate named pisco is either aged in oak or in earthenware . Some wines are fermented "on barrel", as opposed to in a neutral container like steel or wine-grade HDPE (high-density polyethylene) tanks. Wine can also be fermented in large wooden tanks, which—when open to the atmosphere—are called "open-tops". Other wooden cooperage for storing wine or spirits range from smaller barriques to huge casks, with either elliptical or round heads. The tastes yielded by French and American species of oak are slightly different, with French oak being subtler, while American oak gives stronger aromas. To retain

715-516: A misspelling of a generic term (e.g., the elimination of a space) do not change the generic significance of the term. Aspirin tablet is a registered trademark by Bayer AG. Aspirin is a generic word in the United States for the pain reliever acetylsalicylic acid (also known as ASA). Another example is the term " cyberpunk ", which in the United States is a registered trademark by R. Talsorian Games Inc. for its tabletop role-playing game and within

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780-885: A number of wooden staves. The Roman historian Pliny the Elder (died 79 AD) reported that cooperage in Europe originated with the Gauls in Alpine villages who stored their beverages in wooden casks bound with hoops. Pliny identified three different types of coopers: ordinary coopers, wine coopers and coopers who made large casks. Large casks contain more and bigger staves and are correspondingly more difficult to assemble. Roman coopers tended to be independent tradesmen, passing their skills on to their sons. The Greek geographer Strabo ( c. 64 BC to c. 24 AD) recorded that wooden pithoi (barrels or wine-jars) were lined with pitch to stop leakage and preserve

845-414: A process that is known as solera . Laws in several jurisdictions require that whiskey be aged in wooden barrels. The law in the United States requires that " straight whiskey " (with the exception of corn whiskey ) must be stored for at least two years in new, charred oak containers. Other forms of whiskey aged in used barrels cannot be called "straight". International laws require any whisky bearing

910-406: A specific type or range of products or services. Although it may sometimes be possible to take legal action to prevent the use of a mark in relation to products or services outside this range (e.g. for passing off), this does not mean that trademark law prevents the use of that mark by the general public. A common word, phrase, or other sign can only be removed from the public domain to the extent that

975-484: A suggestive mark are Blu-ray , a new technology of high-capacity data storage that utilizes a "blue" (actually violet ) laser and Airbus , an aerospace corporation manufacturing commercial aircraft. A descriptive mark is a term with a dictionary meaning which is used in connection with products or services directly related to that meaning. An example might be Salty used in connection with saltine crackers or anchovies. Such terms are not registrable unless it attains

1040-469: A trademark owner is able to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections. For a case study in both concepts, see Apple Corps v Apple Computer . If a court rules that a trademark has become " generic " through common use (such that the mark no longer performs the essential trademark function and the average consumer no longer considers that exclusive rights attach to it),

1105-416: A whisky branded as "Jameson Caskmates". Cask ale is aged in the barrel (usually steel) for a short time before serving. Extensive barrel aging is required of many sour beers . Traditional balsamic vinegar is aged in a series of wooden barrels. The pepper mash used to make Tabasco sauce is aged for three years in previously used oak whiskey barrels since its invention in 1868. Vernors ginger ale

1170-428: Is 42 US gallons (35.0  imp gal ; 159.0  L ). This measurement originated in the early Pennsylvania oil fields , and permitted both British and American merchants to refer to the same unit, based on the old English wine measure, the tierce . Earlier, another size of whiskey barrel was the most common size; this was the 40 US gallons (33.3 imp gal; 151.4 L) barrel for proof spirits, which

1235-451: Is aged for at least three years. Like with other spirits, longer aging results in a more pronounced flavor. Beers are sometimes aged in barrels which were previously used for maturing wines or spirits. This is most common in darker beers such as stout, which is sometimes aged in oak barrels identical to those used for whiskey. Whisky distiller Jameson notably purchases barrels used by Franciscan Well brewery for their Shandon Stout to produce

1300-582: Is an important concept in the law governing trademarks and service marks . A trademark may be eligible for registration, or registrable , if it performs the essential trademark function, and has distinctive character . Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize

1365-608: Is common. For example, Adobe sent e-mails to many web authors using the term " photoshopped " telling them that they should only use the term "modified by Adobe® Photoshop® software." Xerox has also purchased print advertisements declaring that "you cannot 'xerox' a document, but you can copy it on a Xerox Brand copying on machine." Another popular example is the use of the word " frappuccino " by Starbucks customers to mean any blended coffee beverage, though employees are instructed to only say "frappuccino blended coffee" or "frappuccino blended cream" when referring to such drinks. This rule

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1430-612: Is different from Wikidata All set index articles Barrel Barrels have a variety of uses, including storage of liquids such as water, oil, and alcohol. They are also employed to hold maturing beverages such as wine , cognac , armagnac , sherry , port , whiskey , beer , arrack , and sake . Other commodities once stored in wooden casks include gunpowder , meat , fish, paint, honey, nails, and tallow . Modern wooden barrels for wine-making are made of French common oak ( Quercus robur ), white oak ( Quercus petraea ), American white oak ( Quercus alba ), more exotic

1495-424: Is marketed as having a "barrel-aged" flavor, and the syrup used to produce the beverage was originally aged in oak barrels when first manufactured in the 19th century. Whether the syrup continues to be aged in oak is unclear. "Angels' share" is a term for the portion (share) of a wine or distilled spirit 's volume that is lost to evaporation during aging in oak barrels. The ambient humidity tends to affect

1560-498: Is mizunara oak ( Quercus crispula ), and recently Oregon oak ( Quercus garryana ) has been used. Someone who makes traditional wooden barrels is called a cooper . Today, barrels and casks can also be made of aluminum , stainless steel , and different types of plastic , such as HDPE . Early casks were bound with wooden hoops and in the 19th century these were gradually replaced by metal hoops that were stronger, more durable and took up less space. Barrel has also been used as

1625-407: Is not hard-and-fast, however; for example, Lexis-Nexis has a U.S. trademark registration for "Shepardize," Reg. No. 1743711 , and defines "Shepardizing on a web page as "the process of looking up citations" in "a series of books called Shepard's Citations." Such efforts may or may not be successful in preventing genericism in the long run, which depends less on the mark owner's efforts and more on how

1690-428: Is not typically considered necessary elsewhere, whiskey made elsewhere is usually aged in used barrels that previously contained American whiskey (usually bourbon whiskey ). The typical bourbon barrel is 53 US gallons (200 L; 44 imp gal) in size, which is thus the de facto standard whiskey barrel size worldwide. Some distillers transfer their whiskey into different barrels to "finish" or add qualities to

1755-509: Is selected because of its ability to transfer certain aromas to the spirit. Cognac is aged only in oak casks made from wood from the Forest of Tronçais and more often from the Limousin forests. Some types of tequila are aged in oak barrels to mellow its flavor. "Reposado" tequila is aged for a period of two months to one year, "Añejo" tequila is aged for up to three years, and "Extra Añejo" tequila

1820-408: Is still used as a measure of volume for oil, although oil is no longer shipped in barrels. The barrel has also come into use as a generic term for a wooden cask of any size. An Egyptian wall-painting in the tomb of Hesy-Ra , dating to 2600 BC, shows a wooden tub used to measure wheat and constructed of staves bound together with wooden hoops. Another Egyptian tomb painting dating to 1900 BC shows

1885-535: Is usually a common word which is used in a meaningless context (e.g. " Apple " for computers). Such marks consist of words or images which have some dictionary meaning before being adopted as trademarks, but which are used in connection with products or services unrelated to that dictionary meaning. Arbitrary marks are also immediately eligible for registration. Salty would be an arbitrary mark if used in connection with e.g. telephones such as in Salty Telephones , as

1950-470: The USPTO checks and confirms whether the request for incontestability meets formality requirements, but whether a registration is incontestable at law can only be determined during legal proceedings involving the registration. The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as

2015-525: The United Kingdom , and the common law jurisdiction of the United States (which also uses the term secondary meaning ). In the U.S., if a trademark has been used for a continuous period of at least five years after the date of registration, the right to use the mark and the registration may become "incontestable" (e.g. invulnerable to cancellation for non-use, but not for becoming generic ). In such cases

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2080-456: The age of sail . Its viscous nature made sperm whale oil a particularly difficult substance to contain in staved containers. Oil coopers were probably the most skilled coopers in pre-industrial cooperage. Olive oil , seed oils and other organic oils were also placed in wooden casks for storage or transport. Wooden casks were also used to store mineral oil. The standard size barrel of crude oil or other petroleum product (abbreviated bbl)

2145-650: The public domain for use by anyone. For example, a generic term such as "apple", or descriptive terms such as "red" or "juicy" could not be registered in relation to apples. Primary consideration in the selection and use of trademarks should be given to marks which are inherently distinctive, as they possess the strongest distinctive character and do not require evidence of use to establish acquired distinctiveness. A fanciful, arbitrary, or suggestive term can be inherently distinctive and registrable without proof of acquired distinctiveness. Although these categories are most easily applied in relation to trademarks comprising words,

2210-487: The surname Fassel . If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Fassel&oldid=1058615330 " Categories : Surnames Surnames of German origin Hidden categories: Articles with short description Short description

2275-559: The European Union by CD Projekt SA for "games and online gaming services" (particularly for the video game adaptation of the former ) and by Sony Music for use outside games. Trademark right is generally country specific. Thus, a mark that become generic in one country, such as the example of Aspirin, can still be used and recognized as a trademark in another country. In trademark litigation, courts are most frequently asked to distinguish between suggestive and descriptive marks on

2340-455: The UK this is strictly correct only if the container holds 36 imperial gallons. The terms " keg " and "cask" refer to containers of any size, the distinction being that kegs are used for beers intended to be served using external gas cylinders. Cask ales undergo part of their fermentation process in their containers, called casks. Casks are available in several sizes, and it is common to refer to "a firkin " or "a kil" ( kilderkin ) instead of

2405-503: The US, the wine gallon of 231 cubic inches being the standard gallon for liquids (the corn gallon of 268.8 cubic inches for solids). In Britain, the wine gallon was replaced by the imperial gallon . The tierce later became the petrol barrel. The tun was originally 256 gallons , which explains from where the quarter, 8 bushels or 64 (wine) gallons, comes. Although it is common to refer to draught beer containers of any size as barrels, in

2470-488: The beer, a spile is hammered into the shive and a tap into the keystone. The wooden parts that make up a barrel are called staves , the top and bottom are both called heads or headers , and the rings that hold the staves together are called hoops . These are usually made of galvanized iron, though historically they were made of flexible bits of wood called withies . While wooden hoops could require barrels to be "fully hooped", with hoops stacked tightly together along

2535-481: The center of a barrel is called a bung hole and the stopper used to seal it is a bung . The latter is generally made of white silicone . A barrel is one of several units of volume , with dry barrels, fluid barrels (UK beer barrel, US beer barrel), oil barrel, etc. The volume of some barrel units is double others, with various volumes in the range of about 100–200 litres (22–44 imp gal; 26–53 US gal). Pre-1824 definitions continued to be used in

2600-404: The composition of this share. Drier conditions tend to make the barrels evaporate more water, strengthening the spirit. However, in higher humidities, more alcohol than water will evaporate, therefore reducing the alcoholic strength of the product. This alcoholic evaporate encourages the growth of a darkly colored fungus, the angels' share fungus, Baudoinia compniacensis , which tends to appear on

2665-491: The compounds in the barrel, such as vanillin and wood tannins . The presence of these compounds depends on many factors, including the place of origin, how the staves were cut and dried, and the degree of "toast" applied during manufacture. Barrels used for aging are typically made of French or American oak , but chestnut and redwood are also used. Some Asian beverages (e.g., Japanese sake ) use Japanese cedar , which imparts an unusual, minty-piney flavor. In Peru and Chile,

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2730-576: The corresponding registration may also be ruled invalid. For example, the Bayer company's trademark " Aspirin " has been ruled generic in the United States, so other companies may use that name for acetylsalicylic acid as well (although it is still a trademark in Canada ). Xerox for photocopiers and Band-Aid for adhesive bandages are both trademarks which are at risk of losing their trademark status by becoming declared generic in certain countries, something that

2795-403: The dead as grave goods . An "ageing barrel" is used to age wine ; distilled spirits such as whiskey , brandy , or rum ; beer ; tabasco sauce ; or (in smaller sizes) traditional balsamic vinegar . When a wine or spirit ages in a barrel, small amounts of oxygen are introduced as the barrel lets some air in (compare to microoxygenation where oxygen is deliberately added). Oxygen enters

2860-413: The desired measure of oak influence, a winery will replace a certain percentage of its barrels every year, although this can vary from 5 to 100%. Some winemakers use "200% new oak", where the wine is put into new oak barrels twice during the aging process. Bulk wines are sometimes more cheaply flavored by soaking in oak chips or added commercial oak flavoring instead of being aged in a barrel because of

2925-453: The distinctive character of a term is closely related to the products or services in relation to which the term is used. A general method for assessing the distinctive character of a mark is to consider a consumer's reaction to a mark. The mark may only be inherently registrable if the consumer has never encountered the mark before. On the other hand, the mark is unlikely to be inherently registrable if it informs him about any characteristic of

2990-470: The entire top and bottom third of a barrel, iron-hooped barrels only require a few hoops on each end. Wine barrels typically come in two hoop configurations. An American barrel features six hoops, from top to center: head- or chime hoop , quarter hoop and bilge hoop (times two), while a French barrel features eight, including a so-called French hoop , located between the quarter- and bilge hoops (see "wine barrel parts" illustration). The opening at

3055-438: The exterior surfaces of most things in the immediate area. Water barrels are often used to collect the rainwater from dwellings (so that it may be used for irrigation or other purposes). This usage, known as rainwater harvesting , requires (besides a large rainwater barrel or water butt ) adequate (waterproof) roof-covering and an adequate rain pipe . Wooden casks of various sizes were used to store whale oil on ships in

3120-454: The final product. These finishing barrels frequently aged a different spirit (such as rum) or wine. Other distillers, particularly those producing Scotch, often disassemble five used bourbon barrels and reassemble them into four casks with different barrel ends for aging Scotch, creating a type of cask referred to as a hogshead . Maturing is very important for a good brandy , which is typically aged in oak casks. The wood used for those barrels

3185-545: The following " spectrum of distinctiveness ," also known within the US as the " Abercrombie classification" or "Abercrombie factors": A fanciful / inherently distinctive trademark is prima facie registrable, and comprises an entirely invented or "fanciful" sign. For example, " Kodak " had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. Invented marks are neologisms which will not previously have been found in any dictionary . An arbitrary trademark

3250-600: The grounds that the word Houston is merely descriptive. However, they might have better luck with the name "North Pole ice cream". In the latter case, although North Pole is a geographical location, the ice cream is not actually made at the North Pole , and no reasonable person would assume that the phrase North Pole is literally descriptive. Therefore marks that identify or describe a product or service, or that are in common use, or that are used as geographical indications , generally cannot be registered as trademarks, and remain in

3315-491: The label " Scotch " to be distilled and matured in Scotland for a minimum of three years and one day in oak casks. By Canadian law, Canadian whiskies must "be aged in small wood for not less than three years", and "small wood" is defined as a wood barrel not exceeding 700 litres (150 imp gal; 180 US gal) capacity. Since the U.S. law requires the use of new barrels for several popular types of whiskey, which

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3380-455: The mark as a source indicator—to be protectable. "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. In United States trademark law , Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which are accorded differing degrees of protection. Courts often speak of marks falling along

3445-438: The mark may be accepted for registration on the basis of acquired distinctiveness . The nature and extent of acceptable evidence of use varies between jurisdictions, although the most useful evidence usually includes sales figures, details of advertising and promotional expenditure, and examples of promotional material. Consumer surveys may also help establish that consumers chiefly associate an otherwise non-distinctive mark with

3510-411: The marketplace exclusively associate the mark, as used on the identified goods or in connection with the identified services, with a particular commercial origin or source (i.e. the trademark owner). "Use" may include authorized use by a licensee or other party. If the trade mark office is satisfied that the evidence demonstrates that a mark has "acquired" distinctive character as a matter of fact , then

3575-406: The much lower cost. Sherry is stored in 600-litre (130 imp gal; 160 US gal) casks made of North American oak, which is slightly more porous than French or Spanish oak. The casks, or butts, are filled five-sixths full, leaving "the space of two fists" empty at the top to allow flor to develop on top of the wine. Sherry is also commonly swapped between barrels of different ages,

3640-461: The northeastern United States, nails, bolts, and plumbing fittings were commonly shipped in small rough barrels. These were small, 18 inches high by about 10–12 inches in diameter. The wood was the quality of pallet lumber. The binding was sometimes by wire or metal hoops or both. This practice seems to have been prevalent up till the 1980s. Older hardware stores probably still have some of these barrels. Generic term Trademark distinctiveness

3705-408: The one hand, and between descriptive and generic marks on the other. This is because suggestive marks, like fanciful and arbitrary marks, are presumed to be entitled to trademark protection, while descriptive marks are entitled to protection if they have become known as representing the producer of the goods, and generic marks can never receive protection. It can be seen from the examples above that

3770-431: The relevant products or services (e.g. whether they are delicious, large, spicy, black, or sweet, in the case of fruit). In any other case the mark may not be registrable. Another example of a descriptive mark would be a geographical word or phrase that merely indicates the origin of the product or service. For example, Houston based ice cream might find that the name "Houston ice cream" is denied trademark protection on

3835-456: The respective trademark owners actively seek to prevent. In order to prevent marks becoming generic, trademark owners often contact those who appear to be using the trademark incorrectly, from web page authors to dictionary editors, and request that they cease the improper usage. The proper use of a trademark means using the mark as an adjective , not as a noun or a verb , though for certain trademarks, use as nouns and, less commonly, verbs

3900-463: The same general principles are applied in relation to all kinds of trademarks. For example, a pine tree shape is descriptive when used on pine-scented products. A trademark with no distinctive character (i.e. a mark which is not inherently distinctive) is prima facie unregistrable. However, most jurisdictions may still allow such marks to be registered if the trademark owner can demonstrate, typically by reference to evidence of use , that consumers in

3965-534: The staves were 38 mm (1.5 in) thick and featured grooves where the heads fitted. They had Roman numerals scratched on the surface of each stave to help with re-assembly. In Anglo-Saxon Britain, wooden barrels were used to store ale, butter, honey and mead . Drinking-containers were also made from small staves of oak , yew or pine . These items required considerable craftsmanship to hold liquids and might be bound with finely-worked precious metals. They were highly valued items and were sometimes buried with

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4030-411: The term " salt " has no particular connection with such products. A suggestive mark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer’s perceptive imagination. Examples of

4095-504: The trademark owner and its products or services. Generally, evidence of use may only be acceptable or relevant if it covers a certain period of time (e.g. three years prior to the filing date of the trademark application) and originates from within the jurisdiction where registration is sought. The terminology of acquired distinctiveness is accepted in the European Union and Commonwealth jurisdictions such as Australia , Hong Kong and

4160-535: The wine. Barrels were sometimes used for military purposes. Julius Caesar (100 to 44 BC) used catapults to hurl burning barrels of tar into besieged towns to start fires. The Romans also used empty barrels to make pontoon bridges to cross rivers. Empty casks were used to line the walls of shallow wells from at least Roman times. Such casks were found in 1897 during archaeological excavations of Roman Silchester in Britain. They were made of Pyrenean silver fir and

4225-511: Was of the same volume as five US bushels. However, by 1866, the oil barrel was standardized at 42 US gallons. Oil has not been shipped in barrels since the introduction of oil tankers , but the 42 US gallon size is still used as a unit of measurement for pricing and tax and regulatory codes. Each barrel is refined into about 20 US gallons (17 imp gal; 76 L) of gasoline , the rest becoming other products such as jet fuel and heating oil, using fractional distillation . Barrels have

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