Winegrowers: why and how to register your wine trademark?
A trademark is a right that confers a monopoly of exploitation on a name or logo, in connection with specific products and/or services. By registering a trade mark, one therefore obtains an exclusive right which is enforceable against third parties. The trademark also makes it possible to guarantee the origin of the products/services it designates. It thus plays an essential role in a competitive market, such as that of wine, because it makes it possible to identify the products of a given producer.
It is therefore essential for a wine producer to protect the name of his products, through a trademark registration.. But wine trademark regulations are complex. One has to be careful when filing, looking for a compromise between marketing requirements and legal constraints. Here is our advice for registering your wine trademark.
1. The requirements for your wine brand name
As with all trademarks, the sign chosen must be distinctive and available. He shouldn't be disappointedThis means that it must not "be such as to mislead the public, in particular as to the nature, quality or geographical origin of the product".
The difficulty with wine branding is mainly due to disappointment. Some terms cannot be used freely.
On the one hand, it is not possible to register a designation of origin (PDO/AOC) as a trademark. Indeed, these designations are intended to be used by anyone who complies with the specifications. They cannot therefore be the subject of a monopoly via a trademark registration. However, it is possible to register a complex trademark, including the mention of a PDO/PDO. In this case, the trademark must include distinctive elements. In addition, a trademark including a designation of origin can only be registered if it is intended to be used for wines entitled to the designation. For this reason, the trademark "Cru du Fort Médoc", under which an AOC Bordeaux Supérieur wine was marketed, was cancelled because it did not have the right to the Médoc appellation. (CA Bordeaux, 10 March 1980: PIBD 1980, No. 264, III, p. 169).
Thus, there are regulatory conditions governing the use of words that add value (such as château, estate, tower, cru, clos, etc.). Thus, the name of the wine-producing estate can only be registered as a wine trademark if it has a real existence, and the wine-making process has taken place on site.
2. The importance of prior art research in viticulture
Due to the large number of earlier wine brandsit is essential to carry out anteriority searches to ensure the availability of your wine brand.. The search should not be limited to identical trademarks, it should also take into account only similar trademarks. Indeed, there are many conflicts in this field. For example: the trademark PHILIPPE LE ROY was considered similar to the trademark LEROY. Similarly, the trademark CHEMIN DES LICES could not be registered because it was too similar to the trademark LICES. Finally, the trademark CHATEAU LAMANON was cancelled because of the earlier trademark MANON.
In order to avoid registering a trademark that is too close to that of a third party, it is essential to carry out a thorough prior art search. Do not hesitate to be accompanied by an expert in these procedures.
3. Monitor and defend your wine brand
The protection of a wine trademark is the sole responsibility of its owner, and the registration of the trademark is only part of this protection. One must constantly monitor one's trademark. This ensures that it is not used by usurpers. Indeed, it is believed that all brands of wine are liable to be copied, by imitation or falsification. If you identify an embarrassing use, it is necessary to act as quickly as possible. Some falsifications may even constitute a real public health problem. Among the actions at your disposal are technical innovations, making it possible to protect and/or trace the bottles themselves. On a purely legal level, there is also opposition, counterfeiting or unfair competition.
If you don't have time to carry out this monitoring, you can of course entrust the management of your wine brand professional advice, which will inform you of similar applications for your trademark, enabling you to react quickly via the opposition procedure.
In short, it is essential for a producer to protect his wine brand. In order to limit any risk of action, a prior art search should be carried out prior to filing. And after filing, it is recommended to set up a surveillance of your trademark to avoid any usurpation. Our team is at your disposal to advise and support you at these different stages.