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February 27.2009

Ides of March: EU Ban on Chateau Clos & Vintage on US Wines

by Susan Cagann

Last week we explained that effective March 10 ,2009 traditional expressions such as chateau, clos and vintage can no longer be used on wine labels exported the EU.

The complete list of banned terms are chateau, classic, clos, fine, late bottled vintage, noble, ruby, superior, sur lie, tawny, vintage, and vintage character.

This stems from the September 8, 2008 written notification to the US explaining that it would no longer extend the derogation permitting such use after the signing of the EU/US wine accords.  For more information visit www.ttb.gov.

The effect of this notice is that all US wine producers exporting US wines to the European Union will have to cease using the terms listed above, regardless of whether they have a COLA, containing these terms.

Last month, with the publication of COMMISSION REGULATION (EC) No 113/2009, the EU announced it will allow wineries to sell through remaining stock of wine imported before March 10, 2009.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:038:0025:0025:EN:PDF

Is there a safe haven for trademarks or longstanding use of such terms?

Many USD wineries are concerned about trademakrs and brand names containing Chateau or Clos and the common use of "vintage" on US wine labels.  There does appear to be a temporary safe haven for traditional

terms in brand names if the brand names were registered as trademarks in member country prior to 2002 and the safe haven exists only in the country where the registration was filed.  There also is a more ambiguous safe haven for wines with brand names containing traditional terms if those terms have legitimately acquired rights prior to 2002.  See European Commission Regulation 753/2002 article 24. 

The safe have may be termporary as Regulation 753/2002 is expected to be revised and replaced in third quarter of 2009.  The safe havem does not extend to descriptive use of the banned traditional expressions.

It is our understanding that US trade representatives are working to allow continued use of these terms in trademarks.

If you want to weigh in on this issue, send your comments to the Commission at  agri-ec-us-winetrade@ec.europa.eu.

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