Wine trademark lawyer
Areas of expertise > Wine trademark lawyer
Are you a wine estate, a trading house, a cooperative or a distributor? Before launching a cuvée, a range or a new brand, you need to check that the chosen name is available and protectable. It must also be compatible with the applicable PDOs, PGIs and wine-related terms.
Cabinet Bouchara & Avocats works in wine trademark law, in France and internationally, assisting players in the wine industry with the protection and management of their trademarks.
Would you like to protect the name of your estate, of a cuvée or of a new range?
Our services in wine trademark law
Advice, searches and filing of a wine trademark
Before filing, we check that the intended name is available and protectable: prior rights searches, distinctiveness analysis and consideration of the applicable PDOs, PGIs and wine-related terms.
We then define the owner of the trademark, the goods and services to be protected and the territories concerned, before handling the filings in France, in the European Union and internationally.
Trademark management and value creation
The firm handles watch services on new applications, renewals and the management of portfolios comprising several trademarks.
We also act on licences, assignments and coexistence agreements and, in the context of an acquisition or a transfer, verify the ownership and the scope of the rights attached to the trademarks.
Wine communication and promotion
We review advertising campaigns and promotional operations, in particular in the light of the rules applicable to direct and indirect advertising for alcoholic beverages (French Public Health Code, art. L. 3323-3).
The firm also advises on partnerships, sponsorship operations and the contracts relating to communication campaigns.
Domain names and online brand protection
We coordinate the protection of domain names with that of trademarks and take action where a third party registers or uses a name likely to infringe our clients’ rights.
The firm handles cybersquatting situations, disputed domain names and infringements identified online.
Oppositions and litigation
In the event of a conflict, we determine the response best suited to the case: cease-and-desist letter, opposition to an application, defence against an opposition, invalidity or revocation action, ownership claim or negotiation of an agreement.
The firm also acts before the courts in infringement and unfair competition matters.
Examples of assignments
Structuring the trademark portfolio of a wine merchant network
The firm assisted a network specialising in the sale of wines and spirits with the protection of its trade name and of several brands developed around the world of wine. The portfolio covers in-store and online sales, import-export, delivery and storage, as well as tasting and wine bar services. Some of these trademarks have also been extended internationally.
Protecting a new Champagne brand
The firm also handled the filing of a figurative trademark intended exclusively for wines benefiting from the Champagne AOC. This type of matter requires working both on the protection of the sign and on how it fits with the rules specific to the appellation.
Maintaining the protection of a spirits brand over time
For a brand dedicated to rum, the firm handled the renewal of protection ten years after filing, for alcoholic beverages and the associated commercial services. This is a concrete example of managing a trademark beyond its initial registration.
Our awards
Chambers France 2026 — Intellectual Property: Trade Mark & Copyright
Vanessa Bouchara — Band 2, thirteen years in the ranking.
Legal 500 EMEA 2026 — Intellectual Property: Trade Marks and Designs
Cabinet Bouchara Avocats — Tier 2.
Décideurs | Leaders League 2026
“Leading” in trademark litigation
“Excellent” in the management of trademark and design portfolios.
IP STARS — Managing IP
Vanessa Bouchara — Trade Mark Star.
Intellectual Property Lawyers Team
Protecting a wine trademark under wine regulations
Before any filing, the chosen name must be examined in the light of prior rights, but also of the relevant PDO or PGI and of the rules applicable to the presentation of the wine.
Unlike a trademark, a PDO or a PGI protects a geographical denomination whose use is reserved for operators that comply with its specifications.
A trademark application may be refused or invalidated where it describes the provenance of the wine, misleads the public as to its origin or infringes a designation of origin, a geographical indication or a protected traditional term (French Intellectual Property Code, art. L. 711-2).
Certain terms are also regulated. For example, the term “château” is reserved for wines benefiting from a PDO, made from grapes harvested on the plots of the estate so named and vinified on that estate. Specific rules also apply to the terms “clos” and “cru” (Decree no. 2012-655 of 4 May 2012, art. 7).
For trademarks based on the name of the estate itself, the question does not arise in quite the same way as for a commercial brand independent of the estate.
Qualifying a trademark as an estate trademark requires account to be taken of the link between the sign, the vineyard and the wines it produces.
Securing the launch of a wine brand
Check the name before designing the label
Prior rights searches should be carried out before the visual identity is created, the labels are printed and the communication campaign is launched.
They must cover identical or similar trademarks, but also company names, trade names, domain names, appellations and any other relevant prior rights.
Protect the label and the packaging too
The logo, the label, certain graphic elements and the packaging are also intellectual property assets to be protected.
Their appearance falls within design law, while copyright protects original creations.
File the trademark in the name of the right owner
Depending on the structure chosen, the trademark is filed in the name of the operating company, of an entity holding the intangible assets or of another owner.
This choice must be consistent with the way the business is organised and must anticipate a possible transfer of the estate, the arrival of investors or the use of the trademark by a merchant or a distributor.
FAQ
Can a wine trademark be filed before it is first marketed?
Yes, and it is preferable to do so early enough. Prior rights searches and the filing should take place before the labels are printed, the communication campaign is launched and the products are presented to distributors. It is better to avoid investing in a name that could not ultimately be used or protected.
Should the name of the estate and that of each cuvée be filed separately?
Not necessarily, but each sign must be assessed separately. The name of the estate may constitute a trademark in its own right, while a cuvée may have its own name, its own positioning and sometimes a different lifespan. Where the name of a cuvée has real commercial value or is intended to be used over the long term, a separate filing may then be appropriate.
What can be done if a foreign distributor files the trademark in its own name?
It depends on the country concerned, on the rights already held by the producer and on the circumstances in which the distributor filed the application. Depending on the case, it may be possible to challenge the registration, to seek its invalidation or to claim ownership of it, but procedures vary from one country to another. This situation illustrates the importance of protecting the trademark in priority markets before entrusting its marketing to a local partner, and of specifying in the contracts who owns the rights in the trademark.
Protect your wine brand
Are you preparing the launch of a cuvée or facing the use of a similar sign?
Cabinet Bouchara & Avocats assists you with the filing, management and defence of your trademark.
