Legal Question in Intellectual Property in California

Re: Trademark or Copyright?

You can "hold" your trademark(s) with an Intent-to-Use trademark filing, which should be done by an intellectual property attorney. When your product later actually debuts in interstate commerce, then another filing to this effect with the USPTO is required. This is a bit more expensive than waiting until the product is out in the marketplace already, but the benefit is added protection for your marks. If you are interested, I offer trademark filings and advice to clients, and am also willing to negotiate fees for a package of multiple, similar filings - see my website at www.incorporatecalifornia.com to learn more or to contact me for a free initial consultation or to get started right away. Best of luck with your new venture!

Re: Trademark or Copyright?

Dear Frank,

If you are planning on applying the names of the wines to labels, i.e. creating a brand for your wines, then you want to file for trademark protection. Assuming that the wines will be sold in interstate commerce, you may file for an "Intent-to Use" (ITU) federal trademark application. This will preserve your right to use the intended names prior to your actual use.

Please feel free to contact my office at 415.439.4816 if you have further questions.

Re: Trademark or Copyright?

If you haven't used the names yet concerning wine, you should file "intent to use" trademark applications with the U.S. Patent and Trademark Office. If you also use a logo, you can trademark and copyright that.

You will save alot of time and headaches if you hire a trademark attorney.