This blog article is the first in a series called “Wine Law Trademark Series” which aims to help industry members understand general trademark concepts. Wineries often look to common law to protect their marks and intellectual property. This can be a feasible solution if the winery remains small and if…
Category: Federal Law
Contemporary Wine Law Issues
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TTB Issues Temporary Rule Modifying Federal Regulations for Hard Cider
On January 23, 2017, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued a temporary rule (T.D. TTB–147) in the Federal Register that amends the federal regulations for hard cider. The temporary rule amends TTB regulations to implement changes made to the federal definition of “hard cider” in the Internal…
Submitting a Petition for a New Grape Variety to TTB
Last year, I represented a client before the Alcohol and Tobacco Tax and Trade Bureau (TTB) with respect to petitioning for the addition of a new grape variety for use as a variety on American wine labels. The grape variety, Loureiro, has been used on imported wines from Portugal and Spain….
Is There a Likelihood of Confusion between Tres Vidas and Dos Vidas for Tequila?
A recent application before the United States Patent and Trademark Office sought to register the mark Tres Vidas (with a tree) for tequila and tequila infused with vitmanis in International Class 33. See In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential]. The English translation is “three lives.” The…
Amending the TTB Basic Permit: Overview, Options, and Tips
You’ve finally gone through that grueling process of getting licensed on the TTB level and you have all your formulas and COLAs in hand. Production is taking off and business has been better than ever. While you’re glad to see such great success, production space is limited and you are…
Upcoming CLE on Beer, Wine & Distilled Spirits Law with myLawCLE
On September 15, 2016 at 2:00 PM EST, I will be presenting a CLE on beer, wine, and distilled spirits law with my colleague John Messinger. The CLE, titled “Beer, Wine & Distilled Spirits Law: Federal Regulation 101″ will have a live broadcast and will also be available on demand. A…
Is Home Brewing Co. Merely Descriptive of Beer?
Recently, an application before the United States Patent and Trademark Office sought to register the mark Home Brewing Co. in standard characters on the Principal Register for “Beer; Beer, ale and lager; Beer, ale and porter; Beer, ale, lager, stout and porter; Beer, ale, lager, stout, porter, shandy; Beers; Black beer; Brewed malt-based…
USPTO Finds a Likelihood of Confusion for Duo for Beer and Duo for Wine
Uinta Brewing Company (Applicant) filed an application before the United States Patent and Trademark Office (USPTO) to register on the Principal Register the mark DUO in standard characters for beer. The Trademark Examining Attorney refused registration under § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d), for the reason that Applicant’s mark (as…
Starting a New Winery? Ten Questions You Should Ask
Starting any new business can be overwhelming, and taking the leap to start a winery is certainly no exception. The details can be intimidating and a newcomer can often lose sight of the larger picture. This article aims to review ten of the very basic legal or compliance steps all…
TTB Proposes Revisions to Wine Label Regulations and Recordkeeping
On Wednesday, June 22, 2016, TTB published a notice in the Federal Register proposing important changes to wine labeling regulations and recordkeeping requirements. Comments to the proposed changes will be accepted through August 22, 2016 and can be submitted through the Federal Register website). The notice proposes to amend TTB’s labeling and…