Issue link: http://read.dmtmag.com/i/402796
w w w. v w m m e d i a . c o m N o v - D e c 2 014 | V I N E YA R D & W I N E RY M A N A G E M E N T 1 1 7 The QMI Aseptic Sampling System Sample & Monitor RO and UV Water Treatment Systems Accurately & With Confidence ! www.qmisystems.com 651-501-2337 Worldwide Leaders in Aseptic Fluid Sampling BUILDING A NAME One major benefit awarded to a trademark holder is the ability to confidently build a brand name. With- out a registered mark, you could find yourself in a situation where you have been exclusively focused on investing in your brand name, only to get a cease- and-desist letter months down the road from some- one who has registered a mark with the same name. At that point you will likely have to forfeit the time, labor and investment that you put into building your brand name and start over from scratch. Registering a mark at the infancy of your brand can help to avoid wasting time, money and effort by giving you the confidence that no one else will be able to label with your brand name. Another key benefit to registering a mark is hav- ing the exclusive right to use that mark. This helps avoid customer confusion between your product and a competitor's, and further helps to strengthen your brand name and avoid brand dilution. LIKELIHOOD OF CONFUSION If you're already producing wine, or have begun to navigate your way through the Alcohol and Tobacco Tax and Trade Bureau's (TTB) licensing requirements, you're probably familiar with the agency's labeling requirements. These are designed to protect the con- sumer by assuring the integrity and quality of prod- ucts in the marketplace, verifying compliance with laws and regulations, and preventing the consumer from being misled by deceptive or false labeling. Likewise, the process for registering a trademark is very consumer-focused. There are several reasons why a mark can be denied registration, but according to the USPTO, one of the most common is "Likelihood of Consum- + Registering a trademark is a complex process, and has become more complicated in recent years. + With wineries making beer, and brewers making wine, producers must now cross-check trade- marks in categories that were previously viewed as separate. + The TTB's label requirements are designed to prevent consumers from being misled by decep- tive or false labeling. + Although registering a trademark gives you an exclusive right to use your mark, that right can be considered abandoned if not maintained properly. AT A GLANCE