Issue link: http://read.dmtmag.com/i/138003
BY ROBERT C. HOLTZAPPLE AND RACHEAL TURNER WINERY AND VINEYARD Trademarks How to create and protect brand names Why are trademark rights important for wineries and vineyards? Consider two scenarios. In the first, you've spent 11 months building your brand's name, only to receive a cease-and-desist letter stating that a winery in another state has been using that name for years, has a federally registered trademark, and will sue you unless you change your name. Your investment in your labels, website and social media advertising for that name – and most impor- AT A GLANCE + Creating and protecting strong trademarks ensures that no one can stop you from using your mark, and prevents others from using your mark. + The more distinctive the trademark, the stronger and more protectable it is. + Before spending time and money developing a brand name, determine whether anyone else is using it, and for what. + If you have a long-used but never-registered name, it's not too late to apply for federal and/or state registrations. + Monitor the market for potential trademark infringers and confront them. 102 V I N EYARD & WINERY MANAGEMENT | July - Aug 2013 tantly the hard-earned goodwill – likely would be lost. In the second scenario, another winery uses the same name to label its mediocre chardonnay as you use for your critically acclaimed chardonnay. You don't want consumers mistakenly believing that the two wines are the same or that your winery is making the sub-par chardonnay. Whether you can stop the other winery's use of your mark depends on a number of factors, including both the mark's strength and who was using it first. As these scenarios illustrate, the two principal reasons for investing in creating and protecting strong trademarks are: 1) to ensure that no one can stop you from using your mark; and 2) to prevent others from using your mark. So let's open the proverbial bottle of trademark rights and give you a taste of trademark basics. WHAT IS A TRADEMARK? According to the U.S. Patent and Trademark Office (USPTO), which registers trademarks, "A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be w w w. v w m m e d i a . c o m