Protected Names

Filing for trademark protection is not the only way manufacturers have found to protect their products. A more recent phenomenon is the protection of region specific names. The trend gained world-wide momentum after France won its fight to not allow sparkling wine to be called “Champagne” unless is was actually produced in the Champagne region. Now, even for beer, cheese, and other products famous to certain regions, there are limits on what producers outside of those regions may call their products. So, what are some protected names?

Beer

India Pale Ale is a generic name that may be used by any producer without the need to modify the name. The following names, however, may not: Dortmund & Dortmunder, Vienna, Wien, Wiener, Bavarian, Munich, Munchner, and Salvator, among others.

These names may only be used for beer produced in that specific region. Producers outside of those regions must modify their beer name with the word “type,” or in the US, “American.” Interestingly, Pilsen (including Pilsener and Pilsner) is a distinctive regional name that is protected, but, US producers may use the names Pilsen or Pilsner on their beer without further modification, as long as the beer actually conforms to that type. Perhaps when the treaties and lists were being compiled, there was so much pilsner beer produced in the US, manufacturers here got a pass to use the name.

Distilled Spirits

Scotch, Highlands, or similar names can only be used on whiskies produced in Scotland. The Cognac and Armagnac names may only be used on brandy made in those regions, otherwise it’s just a brandy. Danziger Goldwasser is a protected name, as are Ojen (an anise flavored beverage made in a specific town in Andalusia) and Swedish punch. Again, if a producer outside of the specific region wishes to make the spirit, it must modify the name with the word “type,” or, in the US, “American.” Bourbon is also a protected moniker: only whisky producers in the US can use the name.

Wine

The system of protecting geographic names in the wine industry is even more complicated. There are geographic names that have become generic (Vermouth and Sake, for example). There are semi-generic names, which may be used by producers from other regions, as long as the origin of the wine is clear (for example, Burgundy, Chablis, Chianti, Sauterne, and Tokay). Finally, there are the protected names: Bordeaux, Graves, Chateau Margaux, Lafite, Pommard, Rhone, Rudesheimer, Forster, Schloss Johannisberger, and Lacryma Christi, among others.

Note that the lists above are not inclusive, and merely provide examples of protected names.

Many protected names are for higher-end products, or products with a long history from one region. “Feta,” for example is now a protected regional designated name. I wonder if the trend will continue to grow to other products: chickens or livestock, glass wear, shoes, cosmetics.