1. (a) Any licensed microbrewery-restaurant may adopt a trade name, logo, trademark, symbol or label, or other graphic representation to be used by the microbrewery-restaurant (hereinafter “permitted establishment”) in advertising the availability of beer or malt beverage products brewed and sold at the permitted establishment.
2. (b) In addition, the permitted establishment may advertise the existence of its beer and malt beverage products by use of billboards, newspaper advertisements, outside signs, or other devices away from the permitted establishment and by point-of-sale items at the restaurant.

3. (c) The trademark, logo, symbol, label, or other graphic design (hereinafter “design”) shall be used for the products to be sold by the permitted establishment and shall conform to the following standards:

   1. (1)

      1. (A) The design shall contain the brand name of the alcoholic beverage being offered at the permitted establishment.
      2. (B) No design shall contain any brand name which, standing alone or in association with other printed or graphic matter, creates any misleading impression or inference as to the age, origin, identity, or other characteristic of the product.
      3. (C) The design shall contain a statement, if Federal Food, Drug, and Cosmetic Act Yellow No. 5 is used in the product, in conformance with 27 C.F.R. § 7.22(4).
      4. (D) If the product contains saccharin, the design shall contain a statement in conformance with 27 C.F.R. § 7.22(5);

   2. (2)

      1. (A) The design shall state the class of malt beverage and, if desired, the type of malt beverage may be stated.
      2. (B) Statements of class and type shall conform to the designation of the product as known to the trade;

   3. (3)

      1. (A) The design shall carry, in type not smaller than ten (10) points in size, the name of the microbrewery-restaurant operation brewing and selling the alcoholic beverages.
      2. (B) The type face shall be of a plain Gothic or Roman design;

   4. (4)

      1. (A) If the manufacturer desires to make a statement of alcohol content of any beer product, the manufacturer shall be guided by the provisions of 3 CAR § 2-208 in this regard.
      2. (B) In regard to the sale of malt beverage products, the manufacturer shall be guided by the provisions of 3 CAR § 2-208.
      3. (C) In addition, no words shall be used in the design such as “strong”, “full strength”, or similar words which imply alcohol content;

   5. (5)

      1. (A) All information, other than the brand name, shall be in the English language.
      2. (B) Additional statements in foreign languages may be made if desired, if the statements in the foreign language do not conflict with or contradict the statements made in the English language;

   6. (6)

      1. (A) No design shall contain any statement that is false or untrue in any particular, or that tends to create a misleading impression.
      2. (B) No design shall contain any statement that is disparaging of a competitor’s product.
      3. (C) No design shall contain any statement, device, or other representation which is obscene or indecent.
      4. (D) No design shall contain any statement, device, or representation relating to analysis, standards, or tests of malt beverage products.
      5. (E) No design shall offer any statement, device, or representation relating to any guarantee and permittees are prohibited from offering money back guarantees on beer and malt beverage products they sell.
      6. (F) No design shall resemble or simulate a stamp of the United States government or the State of Arkansas or any other state or foreign government.
      7. (G) No design shall contain any flags, seals, coat of arms, or crests, nor shall it contain any curative or therapeutic claims.
      8. (H) No design shall use any numerals, statements, or other devices in the forms of numerals, letters, characters, figures, or otherwise which are likely to be considered as statements of alcohol content;
   7. (7) Except as specifically provided above, the Director of the Alcoholic Beverage Control Division shall be generally guided by the provisions of 27 C.F.R. § 7.20 et seq., in considering whether a design of a permittee may be used in the state; and
   8. (8) In the event of claims of trademark infringement, service mark infringement, or other such competing claims between microbrewery-restaurant operations, all such claims shall be resolved outside the Alcoholic Beverage Control Division under such provisions of law that may apply to such disputes.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 7-19-95)"