Wine Law

1 Protection of Wine Names by Trademark Law Marie-Elvire de Moro-Giafferri 1 Introduction; I. An Eligible Sign for Protection as a Trademark; I.1. Definition of Trademark; I.2. Distinctiveness: Core Function of a Trademark; I.2.1. Commonplace elements; I.2.2. Lack of distinctiveness of descriptive terms; I.2.3. 3D trademarks and distinctiveness; I.3. A Lawful Sign; I.4. Lack of Deceptiveness and Wine Trademarks; I.4.1. Mandatory connection with the land; I.4.2. A mandatory connection with the wine itself; II. An Available Sign; II.1. Availability Regarding Signs in the Course of Trade; II.1.1. Prior trademarks; II.1.2. Prior designation of origin or geographical indication; II.1.3. Prior signs identifying a legal entity; II.2. Availability Regarding Rights related to Personality and Creation; III. A Legitimate Sign; III.1. At the Stage of its Application; III.2. A Legitimate Exercise of the Trademark; III.2.1. Legitimate use made by a third party; III.2.2. Legitimate use of the prior trademark. Introduction Wine is an alcoholic drink made from fermented grapes, whose qualities vary depending on the region of origin, the grape variety and the vinification (also known as winemaking) methods. Wine is therefore attached to a certain place and a soil, but its commercialisation goes beyond national borders. Even if there is no global wine law, the legal protection of wine is ensured by international, regional and national sources. Complex and multiple legal instruments have been established to ensure the recognition and protection of distinctive designations in respect of origin-based products of quality, i.e. appellations of origin (hereafter AOs) and geographical indications (hereafter GIs). Alongside this sui generis protection of the signs or indications of quality and origin, wine names can also benefit from trademark law, which is the filing of a name as a trademark to enable a wine to be distinguished from other wines and to be identified as coming from a 1 Attorney-at-Law, Paris, France.