Did you know that there are currently over 7,000 wineries in the
US? That number doesn't even begin to tell us just how many brands of
wine come out of those thousands of winery sites but safe to say it is
easily well over 10 times that amount. So just what is in a brand name
when it comes to wine? And what do you need to know in going about
setting one up if you are a winery or planning to start a wine business?
There are specific steps you can follow as part of your research for
creating that new wine brand you are so excited about that can save you
from running into some potential road blocks down the road.
Step
one: Do a search on the TTB's Public COLAs website. The cost of this?
Your time. As the name implies this is a public website that can be
searched by anyone wanting to look up label approval information, or in
this case, do a fast & easy search to see if a brand name is already
in use by a winery or wine business. Just do a search for "Public Cola
registry". Once there simply enter the brand name you are planning to
use in the Product Name box and then click on Search. Then peruse
through the list that comes up focusing on the Brand Name column.
Step
two: Do a trademark search using the US Patent & Trademark's Office
website. Their site has handy video tutorials for doing this. This step
can also be done with the assistance of a trademark specialist or
attorney.
Step three: Once your brand name of choice has "passed"
the first two steps on our list you are now ready to get it set up for
use at the winery site where the wine bearing it's name will eventually
be bottled. This is where we cross over into the TTB's regulations. A
brand name is a required item for all wine labels, and is required to
appear on the brand (front) label.
The TTB does not require
informing them of all brand names you plan to use on wines you bottle,
but it does require informing them of all the trade names you plan to
use on wines you bottle. The brand name and trade name on a wine may or
may not be the same. A trade name is what appears in another required
wine label item, the name and address statement. A name and address
statement is what typically appears on the back of a wine bottle and
goes something like, "bottled by ABC Winery, Somewhere, CA". In my
example here ABC Winery is a trade name.
Whatever names are going
to appear in that specific part of your wine labels on wines you bottle
must be submitted to the TTB to be added onto your basic permit. The
process for doing this is simple. First you will need to have a
fictitious business name statement (FBN) on file at your county level
for the trade names. Next you type up on your winery letterhead a simple
letter informing them of the trade name(s) you are adding to your basic
permit.
The template for this trade name letter can be found on
the TTB's website. *Note* If the trade names you are adding are for a
custom crush client at your site then you will also need a signed letter
from them giving you permission to bottle their wines under their
specified trade names which they are responsible for obtaining the FBN
filing.
As you may have guessed since it is common for wineries to
bottle wines under multiple brand names then they also have a long list
of trade names listed on their TTB basic permit. The person or persons
at a winery site that are involved in filing and maintaining the label
approvals should also be aware of this list, and potentially in charge
of maintaining it.
Ann has been directly involved in the wine industry for over 20
years. Her background began with pouring wine and since then has
encompassed all areas of wine production from lab and cellar work
through developing compliance systems for several medium sized wineries.
Her current business, Wine Compliance Alliance serves those in the wine
industry by assisting them navigate and understand the maze of
compliance requirements facing them on a day to day basis. http://ezinearticles.com/?Steps-for-Setting-Up-a-New-Wine-Brand&id=6980726
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