How to Trademark a Winery Name

Which classes does a winery need?

Wine falls in Class 33. If your winery runs a tasting room, restaurant, or event space, that hospitality service falls in Class 43. Many wineries file in both, with each class adding a $350 USPTO fee, to protect both the bottled product and the visitor experience. Separate label brands may also warrant their own filings.

What about geographic wine names?

Wine names that reference a place can face a geographic-descriptiveness or geographic-misdescriptiveness refusal, especially if the region is known for wine. If your wine does not come from the named region, the mark can be refused as misleading. Choosing a distinctive brand element beyond the geography helps. This is a common pitfall worth checking before you file.

How do you file a winery trademark?

Select your winery and label names, run a clearance search, choose the correct classes (33, and often 43), and file with a specimen showing use in commerce. File early, since U.S. rights are largely first-to-file. Secure Mark USA can search availability, flag geographic issues, and handle the filing from $99 plus the $350-per-class USPTO fee.

Key takeaways

• Wine falls in Class 33; a tasting room or restaurant falls in Class 43.
• Geographic wine names risk descriptiveness or misdescriptiveness refusals.
• Distinctive brand elements help overcome geographic issues.
• Each class adds a $350 USPTO fee.
• Secure Mark USA files winery trademarks from $99 plus the $350-per-class USPTO fee.

Frequently asked questions