Trademark and Branding Protection for Michigan Wineries
Mark Vanneste
Howard & Howard Attorneys PLLC
The Michigan wine industry is thriving, with more than 170 wineries producing distinctive wines that draw tourists and wine enthusiasts to the State’s tasting rooms and beautiful vineyards. As more winemakers come to market, competition grows, and branding and trademark protection become crucial for ensuring long-term success. A strong brand helps wineries differentiate themselves, attract loyal customers, and expand into new markets. However, without proper trademark protection, wineries risk losing control of their brand identity and facing costly legal disputes.
This article explores the importance of trademarks for Michigan’s wineries and other businesses and provides practical steps for securing and enforcing brand protection.
Why Trademarks Matter for Wineries
A trademark is a legally protected word, phrase, symbol, or design that distinguishes a brand’s products from others in the marketplace.
For wineries, trademarks can apply to:
- Winery Names – Prevents other businesses from using a confusingly similar name.
- Wine Labels and Logos – Protects distinctive logos, fonts, and label designs.
- Slogans and Taglines – Helps establish brand identity and marketing consistency.
- Signature Wine Names – Ensures exclusive rights to proprietary blends or specialty wines.
Without adequate trademark protection, a winery risks losing exclusivity over its name or logo, facing legal disputes if another business claims prior use, and having to rebrand, which can be costly and disruptive.
Registering a Trademark for Your Winery
Before investing in branding, wineries should conduct a comprehensive trademark search to ensure their desired name, logo, or wine label is not already in use. This search should include the U.S. Patent and Trademark Office (USPTO) Database to ensure that there is no existing federal trademarks conflict. Also, to check for Michigan-registered trademarks, the State Trademark Databases should be searched. Lastly, wineries should conduct a simple online search for domain names, social media, unregistered business names, etc. A thorough search helps avoid potential conflicts that could lead to legal challenges down the road.
Federal Trademark
A federal trademark provides nationwide protection and is the strongest form of brand security. The process generally involves filing an application with the USPTO, including details about the winery’s name, logo, or label, submitting a specimen to show how the trademark is used in commerce (e.g., on a wine bottle or website), and waiting for examination, where the USPTO reviews the application and may request additional information. If approved, the trademark is listed in the USPTO registry, granting exclusive rights nationwide. Federal trademarks require renewal at the six-year and ten-year marks to maintain protection.
State-Level Trademarks
If a winery operates solely in Michigan, a state trademark may offer some protection. The Michigan Department of Licensing and Regulatory Affairs (LARA) handles state-level registrations, which are less expensive than federal trademarks but provide limited geographic protection.
Protecting Your Brand from Infringement
Once a winery secures a trademark, actively enforcing it is critical. Steps to protect a brand include Monitoring for infringement by regularly checking online, social media, and the USPTO for unauthorized use of similar names or logos. If infringing conduct is found, one can send a cease-and-desist letters, or take further legal action. Failure to enforce a trademark can weaken a winery’s rights and lead to legal complications.
Best Practices for Branding Protection
- Choose a Unique and Distinctive Name – Avoid generic names that may be difficult to trademark.
- Secure a Domain Name Early – Purchase a website domain that matches the winery’s name to prevent cybersquatting.
- File Trademarks as Soon as Possible – Early registration prevents disputes with other businesses.
- Use the Trademark Correctly – Display trademarks consistently on labels, websites, and marketing materials.
- Monitor and Enforce Rights – Take legal action if another business infringes on the trademark.
Building a strong brand is essential for success in Michigan’s wine industry, like many other industries, and trademark protection is a critical component of that strategy. By securing trademarks for winery names, logos, and wine labels, businesses can safeguard their reputation, prevent legal conflicts, and ensure long-term brand recognition. Taking proactive steps to research, register, and enforce trademarks will help Michigan wineries maintain their competitive edge in a crowded and growing market.
Have a wine law question? Reach out to Mark Vanneste of Howard & Howard at:
