Issue link: http://read.dmtmag.com/i/138003
used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/ services." Put simply, a wine trademark is anything that identifies who makes the wine – the winery name, the label design, and any name given to the particular wine are all potentially trademarks. would not ordinarily be associated with a product, such as "Apple" for computers. The more distinctive a trademark is, the stronger it will be. This is especially true for names that are not normally associated with the products the company sells. Photo: Thinkstock CREATING A STRONG TRADEMARK When choosing a name, slogan or logo for your winery, vineyard or label, try to select a strong trademark that you can prevent competitors from using. A mark's strength depends on where it falls on the distinctiveness continuum – the more distinctive the trademark, the stronger and more protectable it is. The strongest marks are "fanciful" or "arbitrary." Fanciful marks are made-up words like "Xerox," and arbitrary marks are words that Lower on the continuum are "suggestive" marks that indirectly convey a product characteristic, such as "Coppertone" for sunscreen. Farther down are "descriptive" marks like "Delicious," which can only be protectable trademarks if wood for enology Quality ◆ Reliability ◆ they acquire distinctiveness over time. At the bottom of the continuum are "generic" terms like "Red Wine," which can never be protected as trademarks. Once you have a few desired names, you should determine if they are already being used. If someone is using your desired name, they likely have trademark rights – even if their mark is not federally registered – and they could sue you for trademark infringement for using their mark, or a confusingly similar mark, on the same or simi- 415.209.9463 turrentine.Brokerage.com Ingenuity " Before I started working with Turrentine, I really didn't know how much I was missing. …Thanks to their expert help, I now sell grapes to a whole array of top notch buyers. " - John Balletto, Balletto Vineyards Unparalleled & exclUsive market information French or American Oak tUrrentine Grapes & Wine 707.836.9742 sales@xtraoak.com w w w. v w m media.com XTRAOAK Grapes • Wines in Bulk • sTraTeGiC planninG GlOBal sOurCinG • prOCessinG • CaseGOODs J u l y - A u g 2 0 13 | V I N E YA R D & W I N E RY M A N A G E M E N T 103