27 C.F.R. § 4.33

Brand names

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(a) General. The product shall bear a brand name, except that if not sold under a brand name, then the name of the person required to appear on the brand label shall be deemed a brand name for the purpose of this part.

(b) Misleading brand names. No label shall contain any brand name, which, standing alone, or in association with other printed or graphic matter creates any impression or inference as to the age, origin, identity, or other characteristics of the product unless the appropriate TTB officer finds that such brand name, either when qualified by the word “brand” or when not so qualified, conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product.

(c) Trade name of foreign origin. This section shall not operate to prohibit the use by any person of any trade name or brand of foreign origin not effectively registered in the United States Patent Office on August 29, 1935, which has been used by such person or their predecessors in the United States for a period of at least five years immediately preceding August 29, 1935: Provided, That if such trade name or brand is used, the designation of the product shall be qualified by the name of the locality in the United States in which produced, and such qualifications shall be in script, type, or printing as conspicuous as the trade name or brand.

[T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB-196, 89 FR 87935, Nov. 6, 2024]

Notes of Decisions

Cited in 2 cases, 2003–2004 · leading case: Bronco Wine Co. v. Jolly, 95 P.3d 422 (Cal. 2004).

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Bronco Wine Co. v. Jolly, 95 P.3d 422 (Cal. 2004). · cites it 2× “) 55 Under the then existing federal regulations, use of geographic brand names was permitted if (i) the word “brand” appeared after the brand name ( 27 C.F.R. § 4.33 (b) (1976)) or (ii) at least 75 percent of the grapes originated in the appellation suggested by the brand name…”

Bronco Wine Co. v. Espinoza, 128 Cal. Rptr. 2d 320 (Cal. Ct. App. 2003). · cites it 2× “( 27 C.F.R. § 4.33 (b) (2002).) B. The Grandfather Clause The regulations generally prohibit the use of a brand name of viticultural significance "unless the wine meets the appellation of origin requirements for the geographic area named.”

— 27 C.F.R. § 4.33(b) — 1 case

Bronco Wine Co. v. Jolly, 95 P.3d 422 (Cal. 2004). “) 55 Under the then existing federal regulations, use of geographic brand names was permitted if (i) the word “brand” appeared after the brand name ( 27 C.F.R. § 4.33 (b) (1976)) or (ii) at least 75 percent of the grapes originated in the appellation suggested by the brand name…”

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