Branding Beyond the Vine: Strategies to Secure Trademarks with Varietal Names

Branding Beyond the Vine: Strategies to Secure Trademarks with Varietal Names

One of the primary reasons a trademark application containing a varietal name may be rejected is the perception that the mark is merely descriptive of the goods or services. For instance, if a winery attempts to register a mark consisting solely of a grape variety name, such as "Chardonnay" or "Cabernet Sauvignon," the trademark office may refuse registration on the grounds that the mark is generic or merely descriptive of the wine itself.