Legal Question in Business Law in California

May the trademark SONOMA VALLEY be registered for wine if the wine originates in New York, rather than in the Sonoma Valley in California


Asked on 4/03/12, 7:40 pm

2 Answers from Attorneys

Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

It may depend on how the trademark is being used and what other information is contained on the wine label. (Wine labels are regulated through the Alcohol and Tobacco Tax and Trade Bureau.) Here is a brief article I found that may give you a little information:

http://www.stoel.com/showarticle.aspx?Show=5639

The article states: "The only restrictions on brand names concern descriptive names, which must not be misleading. Brand names that describe the age (e.g., "mature"), origin (e.g., "Napa Valley"), identity (e.g., "Zinfandel" or "Retsina"), or other characteristics of the wine are prohibited unless the name accurately describes the wine and conveys no erroneous impression about the wine. For example, if the name is "Japan Gold Sake," the TTB will require that not less than 75 percent of the volume of the wine is derived from rice grown in Japan. The TTB does not address trademark issues; it only ensures that a descriptive name is accurate."

You should find an intellectual property attorney with experience in the wine industry so that you don't run afoul of any regulations and requirements.

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Answered on 4/03/12, 7:57 pm

First off place names cannot stand on their own as trademarks at all. The use of geographically descriptive marks is very limited and rather complicated, but I can assure you, you cannot register "Sonoma Valley" as a trademark. For more information start here: http://www.uspto.gov/ip/global/geographical/faq/index.jsp, The other problem is that you would run afoul of Treasury Dept. laws and regulations and specifically the Alcohol and Tobacco Tax and Trade Bureau, or TTB as referenced in the previous answer. The Sonoma Valley is a Authorized Viticultural Area (AVA) under federal regulations. An AVA in turn is a form of Authorized Wine Appellation of Origin (AWAO). It is illegal to label a wine, expressly or by misleading implication, as being from an AWAO that the wine does not meet the qualifications of. In the case of AVA's, 85% of the grapes in the wine must have been grown in the AVA. So even if you could get around the trademark issues, it would be a violation to use that trademark on wine from New York.

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Answered on 4/04/12, 12:42 am


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