Guide to Wine Law

Misleading Label Claims

Brand names (or any other name) should not mislead as to the origin, age or identity of the wine. If a brand name (or business name) contains a registered Geographical Indication it can only be used on the label when the wine has been sourced from the relevant GI.

Regulation 17A of the Wine Australia Corporation Act allows for the co-existence of Australian Geographical Indications and trademarks which were registered by IP Australia prior to the registration of the Geographical Indication. Refer to the Guide to Labelling With Geographical Indications for further information.

IP Australia administers Australia's IP rights system, specifically patents, trade marks, designs and plant breeder’s rights. Trade mark registration can be applied for through the IP Australia website. The website includes a search facility which lists trade marks already registered or those pending registration (Class 33 applies to wine). If you are planning to export you may also need to register the trademark in each country or region. 

 

Disclaimer: This guide provides general information for Australian winemakers and does not represent any form of legal advice. The AWBC does not accept responsibility for the results of any actions taken on the basis of the information contained in this guide, nor for the accuracy, currency or completeness of any material contained in it. The AWBC expressly disclaims all and any liability and responsibility to any person in respect of the consequences of anything done in respect of reliance, whether wholly or in part, upon this guide.