Use of the Trademark Registration Symbol ®: What Winemakers Need to Know
Nick Guinn Nick Guinn

Use of the Trademark Registration Symbol ®: What Winemakers Need to Know

As a winemaker, your brand identity is important to your success. Protecting your trademarks and growing your brand can help you stand out in a crowded marketplace and build a loyal customer base. With that in mind, it is important to comply with Section 906 of the Trademark Manual of Examining Procedure (TMEP). This blog post discusses what winemakers need to know about TMEP § 906 and how it impacts their trademark rights and obligations.

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Elevating Your Writing with Short Paragraphs
Nick Guinn Nick Guinn

Elevating Your Writing with Short Paragraphs

As a writer, the structure of your text plays an important role in keeping your readers interested and effectively conveying your message. One of the most powerful, yet often overlooked, strategies for enhancing your writing is the use of short paragraphs.

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Understanding the USPTO’s Prohibition on Assigning ITU Applications
Nick Guinn Nick Guinn

Understanding the USPTO’s Prohibition on Assigning ITU Applications

Intent-to-use applications allow wineries and other applicants to reserve trademark rights for future use, providing a valuable tool for brand development and strategy. However, the United States Patent and Trademark Office (USPTO) imposes strict limitations on the assignment of intent-to-use applications, raising important considerations for wineries and other applicants alike.

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Is WINE.COM generic?
Nick Guinn Nick Guinn

Is WINE.COM generic?

Prior to the Supreme Court’s decision in USPTO v. Booking.com B.V., . . . , the USPTO all but would have categorically rejected WINE.COM as generic. This blog post discusses the Booking.com decision and how domain names like WINE.COM fare as trademarks.

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The Palette of Trademarks: Understanding Color Marks for Wine Producers
Nick Guinn Nick Guinn

The Palette of Trademarks: Understanding Color Marks for Wine Producers

For wine producers, like other businesses, trademarks serve as the canvas upon which brands express their unique identities. While traditional trademarks typically consist of words, logos, or symbols, color marks offer a distinctive and visually compelling way for wine producers to distinguish their products in the marketplace. This blog post discusses color trademarks and what wine producers need to know to leverage this asset effectively.

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Writing to Win With Nick Guinn: The Art of Ruthless Editing
Nick Guinn Nick Guinn

Writing to Win With Nick Guinn: The Art of Ruthless Editing

Ruthless editing, a step beyond mere proofreading, involves critically evaluating every word, sentence, and paragraph to ensure they serve the piece’s overall purpose. This blog post is about embracing the art of ruthless editing so that you can significantly elevate the quality of your writing.

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Wine Not Wine & Trademarks: Submitting Acceptable Trademark Specimens for Wine and Wineries
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Submitting Acceptable Trademark Specimens for Wine and Wineries

Wineries often offer multiple goods and services, including merchandise, food products, wine glasses, event venue services, etc. For the purposes of this post, we will focus on the wine tasting room services and branded wine. In particular, we will discuss the types of specimens wineries might submit to demonstrate use of their marks in connection with these identified goods and services.

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Wine Not Wine & Trademarks: Understanding Ownership of Winery Photographs
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Understanding Ownership of Winery Photographs

Photographs capture the beauty of lush vineyard estates, sun-kissed landscapes, and rustic cellars. If shared, photographs expose that beauty far beyond the immediate physical space. From promotional materials and marketing campaigns to social media posts and website galleries, beautiful images play an important role in shaping the story and allure of vineyards and wineries worldwide.

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Wine Not Wine & Trademarks: Grapevine Guardians: Understanding Trademark Assignments and Ownership Changes for Wineries
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Grapevine Guardians: Understanding Trademark Assignments and Ownership Changes for Wineries

As the owner of a winery, you might choose to sell your winery in the future. Alternatively, you might need to reorganize your corporate structure. As an aspiring winery owner, you might choose to buy an existing winery. Each of these scenarios involves changes in ownership. As a result, understanding trademark assignments is important. This blog post addresses key points for wineries to understand trademark assignments.

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Wine Not Wine & Trademarks: Behind the Label: Private Labels, Trademarks, and Wine Businesses
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Behind the Label: Private Labels, Trademarks, and Wine Businesses

In the world of wine, labels do more than inform us about the contents of a bottle; they tell stories, convey brand identities, and often reflect the quality and craftsmanship of the product within. While established wine brands have long dominated the market, an alternative is growing: private labels. This blog post explores the topic of wineries and private labels.

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Wine Not Wine & Trademarks: Champère, How Fanciful!
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Champère, How Fanciful!

The world of trademarks is filled with distinctive brand names, logos, and slogans. The world of wine is no different. Brand owners are often rewarded in the marketplace and in the courtroom when creating and adopting distinctive trademarks. This is especially true when it comes to “fanciful” trademarks—marks that are entirely invented or coined for the sole purpose of functioning as a trademark.

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Writing to Win with Nick Guinn: She Told Her That She Would Improve Her Writing if She Limited Her Use of Pronouns
Nick Guinn Nick Guinn

Writing to Win with Nick Guinn: She Told Her That She Would Improve Her Writing if She Limited Her Use of Pronouns

One Saturday morning, while working with my mom in her yard, I asked where she would like me to drop some topsoil. My mom was in one corner of the yard focusing on flowers that she was planting. She pointed in the opposite direction with a free hand and said, “over there.” To be clear, her fingers were pointing closer to the sky than anywhere in the yard. I asked for clarification and received the same response. Based on the instructions, two feet away at five degrees orientation seemed as applicable as thirty feet away at forty-five degrees (among other locations). We laughed about it over lunch.

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Wine Not Wine & Trademarks: Trademark Solutions for Wineries: Navigating Consent and Coexistence Agreements
Nick Guinn Nick Guinn

Wine Not Wine & Trademarks: Trademark Solutions for Wineries: Navigating Consent and Coexistence Agreements

In the world of winemaking, trademarks are important to defining a winery's identity. However, with numerous wineries operating globally, it's not uncommon for similar or even identical trademarks to emerge, leading to potential conflicts. In this blog post, we will explore how wineries and wine businesses can harmoniously coexist through consent and coexistence agreements, preserving their unique brands and preventing costly legal disputes.

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Writing to Win with Nick Guinn: The Power of Reading Regularly
Nick Guinn Nick Guinn

Writing to Win with Nick Guinn: The Power of Reading Regularly

Do you wonder how some writers write incredibly well? Obviously, writing and editing often are essential. Perhaps less obvious, but equally important, is apparent from their reading habits. The connection between reading and writing is significant. Reading regularly will greatly improve your writing skills.

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