Minneapolis based The Herbivorous Butcher has objected to the food giant trademarking the term “vegan butcher” coined by them.

Aubry and Kale Walch started the first vegan butcher shop in 2016 in the United States selling meat-free “meats” and dairy-free cheeses.

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Through Oct 20: hot-pressed FORAGER with Roast Beef, Smoked Gouda, marinated mushrooms, mushroom mayo & sautéed kale on multigrain bread. ??? Get it in-store or via @grubhub or @bitesquad delivery to select local areas.

A post shared by Herbivorous Butcher (@theherbivorousb) on Oct 9, 2019 at 8:55am PDT

In August 2017, they applied for four trademarks with the United States Patent and Trademark Office (USPTO), of which three were approved and “Vegan Butcher” was rejected on the pretext that the term was vague and “merely descriptive.”

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Through August 25: hot-pressed #vegan HULI HULI SANDWICH with Huli Huli Ribs, pineapple slaw, and creamy cilantro dressing. Get it in-store or through @grubhub or @bitesquad for delivery to select local areas.

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Ironically, in February this year, Sweet Earth owned by Nestlé- submitted a trademark application with the USPTO for a nearly identical term “The Vegan Butcher,” which was accepted barely six weeks after the Herbivorous Butcher team was sent away.

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It’s true, we’re in a battle with a behemoth, Nestlé. ? The corporate giant is trying to trademark “The Vegan Butcher” — which we originally coined. But we won’t be intimidated by the imitators & we’re fighting back to keep what’s ours. Head to the link in our bio to read more from the @startribune. #GetYourOwn

A post shared by Herbivorous Butcher (@theherbivorousb) on Nov 18, 2019 at 1:25pm PST

“For some reason it was denied for us, but not for them,” said Aubry Walch.

“There are a lot of vegan butcher shops across the United States. We’re all a part of the same team. We just don’t want a largest company in the world to come in and say we’re going to take ‘The Vegan Butcher.’ It felt suspicious that it was immediately OK for them, but not for us.”

The Walsh have filed a motion to oppose the grant given to Nestle.

“If it’s merely descriptive for us, then it should be merely descriptive for [Nestlé], so they shouldn’t be given the exclusive right to use that mark,”  said Ken Kunkle, the attorney representing the Walches, to Twin Cities Business.

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If you missed us on @wcco this morning, click the link in our bio to watch the feature. Thank you to @heatherwcco and @derushaj for having us! ?? We are open today til 7pm, closed tomorrow, and then back to regular hours. ? The Vegan Butchers

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The Walch siblings want the USPTO to either grant them the legal right to continue using the phrase or allow it to remain un-trademarked so that others in the plant-based food industry can use it too.

“We may be small but we are going to fight big to protect what we create, be it a recipe or a slogan,” said Aubry Walch in a press release.

“We won’t stand by and let a powerful corporation attempt to take our intellectual property. We won’t be intimidated by the imitators, no matter their size.”

While the dispute has been playing out at the U.S. Patent and Trademark Office since June, it could proceed to court if a settlement, which is highly unlikely is not reached.

Speaking to The Star Tribune, Aubry Walch said: “They can drag us through court until our great-grandchildren die.

 “It’s still a cause worth fighting for.”

• Read: Meat consumption drops 80% when sufficient veggie options are available

Who do you think deserves the title “The Vegan Butcher”? Share your thoughts in the comments below!

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