I had the occasion to work with an average-sized winegrower in an IP-related dispute.

He thought the reason why some smaller winegrowers have not invested in geographical indications or IGPs – not to speak about registered trademark protection outside the European Union - was because, unlike more traditional commercial businesses, they have not been advised to do so.

“Most of these people aren’t rich, working with their families and in a generally quite traditional way. That means that their legal representatives just haven’t been around or aware that legal protection of their wine production other than the GI could be essential”.

But brand recognition is a huge reason all farmers with an “officially labialized production” (wine, spirits, cheese, livestock and its derivatives etc..) can keep a following when their business becomes a little more than local, if not international, and a trademark protects that.

However, GI’s and labels are securing the European market only, and it’s sometimes difficult to get one’s own AOC/AOP for pure political reasons

Why should small and average agricultural exploitations with a regional or national quality production start thinking about official registration on an international level?

Because development creates considerable vulnerability for those who don’t protect their AOC or GI on the international market, there are a lot of examples.

The phenomena is no longer restricted to the Champagne, Chablis and Burgundy wines that spent considerable sums in legal procedure because they reacted to late.

I’m convinced that winegrowers who do or plan to commercialize through Internet (be it through advertising, merchandise, national or European promotion or sponsorship) should have brand protection at the front of their mind.

Most agricultural professionals and their intermediary think that cost can then become an issue: this is surely not the case and probably one of the most securing commercial steps to take before you start exportation of your agricultural products, Whether they are GI’s or not.

All farmers with officially registered labels might only begin thinking about filing a trademark once their web-channel has started gaining some decent traction (such as consistent sales, views or subscription on newsletters).

A number of other factors may then can come into play, including settling on the domain name or logo.

As the international nature of trade in GI-registered products in Europe is regularly subject to usurpation beyond its borders, it is often advisable to seek registration across several jurisdictions at once (particularly the US, Canada and China for wines). Furthermore, it is important for channels to think about filing for trademarks not only in relation to their current activities (e.g., online sales), but also for those areas of business they may be involved in later down the line (e.g., merchandise, product lines).

If you actively monitor for and take appropriate action against infringement – including YouTube channels, trademarks, websites, domains, your international development is by far more secure.

For those who think they are not concerned (often the reaction of smaller agricultural entities that do not seriously believe their product can become « a hit »), let me just give some figures concerning the EU wine production over the last 30 years, to show you that the tide has changed considerably since the 80s, mainly due to the reversal in some fundamental bends in international trade:

  • Between 1986 and 1990, Europe – France ahead –produced close to 95 % of world wide exportation in terms of volume;
  • In 2015 however, Europe’s share in the world-wide wine production decreased for over 10 % compared to the year 2000, only representing today some 62 % of the total wine production, the remaining 38 % are now produced by the Americas, Asia, Oceania and South Africa.
  • Around 30 countries import close to 95 % of the world wide wine production today.

 

The balance of demand on the international wine market tips more and more in favour of the non-European market.

This is favourable to all potential European exporters, whether you produce “elegant, high-class” wines or the simpler and pleasant wine the majority of « wine-drinkers » can afford (especially with an AOC of repute, but even more with an interesting, original or unusual brand name, however hard it is for wine-growers to think in this direction ;-)).

THE consumer does not exist. Consumers are like markets: multiple and ever so changing in their tastes and expectations.

There’s a place for every producer on this international market.

Even if you just want “to give it a try” to sell your stock (growing every year for some, a recurrent phenomenon for rosé in Languedoc nowadays), take the “trouble” to register a trademark for those countries that you’re interested in!

If you admit to be unaware of the general processes involved with a trademark application, it is worthwhile to give it a try if you want to expand to at least one foreign state.

After this little effort it’s just a question of  “wait and see”, keeping in mind that a major part of the world doesn’t live as big a crises as countries like France today!

Petra Cramer

Avocat au Barreau de Montpellier

Spécialiste en pratiques commerciales

Membre de l’Association Internationale Droit Vigne et Vin

Ancien membre du Service Juridique du Parlement européen