Issue link: http://winesandvines.uberflip.com/i/246577
PA C K AGING ments, etc. but uses a different brand name and a distinctly different type of wine, you still may have a claim for trademark infringement as consumers have an imperfect recollection of brands. It is prudent to check with trademark counsel as they will be able to help you determine the merits of a possible claim. Design patents Another potential strategy is to seek patent protection for nonfunctional designs. In the alcohol beverage industry, this typically means unique bottle designs, packaging or closures. A design patent claims a new, novel, non-obvious and nonfunctional design of a product. A design patent covers the design of an object, so long as the design is not required by the function. Moreover, the design must be novel as not obvious to one of ordinary skill in the art. Design patents are based on registration. Thus, design patents have a limited life span of 14 years. But as long as the design patent remains in force, the owner of the design patent has the exclusive right to make, use, or sell the patented design. MICHAEL Summary One wine brand can contain several protectable elements. Once you have identified the protectable elements, the next step in building brand equity is to protect the intellectual property. This process begins by searching existing intellectual property and preparing and submitting trademark and design patent applications with the appropriate government body in the various countries around the world in which you plan to sell your wines. It is imperative to take a long-term view in securing protection as most countries operate on a "first-to-file" basis, thus the first one to submit the application for a brand will gain an advantage. Protecting your brands intellectual property will cost significantly less than your investment in wine labels and packaging. Take a closer look at your brands, consider protecting the investment. The investment may prove valuable should the emulators arrive. With so many factors to consider, it is important that a company creates brands, labels and packaging that are memorable and protectable. PWV Should you need assistance in identifying protectable elements of a brand or securing registration in the U.S. or worldwide, please contact Katja Loeffelholz, a registered attorney with the United States Patent and Trademark Office and of counsel at Dickenson, Peatman & Fogarty at kl@dpf-law.com. The tradition of great French cooperage since 1735 Contact USA : Michael Mercer Email: Michael@leroibarrels.com Cell: 707-508-5006 - Office: 707-944-1330 Tonnellerie Leroi - 36 - 46, rue de Dizédon- 16100 COGNAC - FRANCE Tél. +33 5 45 82 79 42- Fax +33 5 45 82 71 58 - www.tonnellerie-leroi.com pr actica l win ery & vin eya r d F EB RUARY 20 14 71