1306.05(h) American Viticultural Areas
American Viticultural Areas (AVA) are defined grape-growing regions in the United States, created on petition by interested parties through the federal rulemaking process. AVA designations appear on wine labels and "allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to its geographic origin." Thus, these designations facilitate the accurate description of wine origins and aid consumers in identifying wines. See U.S. Dept. of the Treasury, Alcohol and Tobacco Tax and Trade Bureau, American Viticultural Area (AVA), https://www.ttb.gov/wine/american-viticultural-area-ava (accessed Dec. 19, 2019). The currently recognized AVA designations can be found at 27 C.F.R. Part 9, Subpart C. In addition, the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of the Treasury provides an up-to-date alphabetical list of the designations at https://www.ttb.gov/wine/established-avas (June 3, 2020).
Where a mark is comprised of or contains an AVA designation, or if the specimen or other evidence of record indicates that the goods and/or services originate or are produced in an AVA, the examining attorney must require the applicant to submit an amended identification that references the relevant geographic designation or origin. The amended identification must indicate that the goods are made or produced, or the services feature goods made or produced, in accordance with certain, specific, or adopted standards.
The identification of goods and/or services should only contain the common commercial or generic name of the goods and/or services, using terminology that is generally understood by the average consumers in the United States. See TMEP §1402.01. In addition, the identification should not include references to "protected appellation of origin" or other laws, rules, or regulations. See generally, TMEP §1402.01. Therefore, if the identification contains the wording "American Viticultural Area," the term "AVA," or refers to a defined AVA designation, that wording generally should not be part of the identification of goods and/or services featuring those goods. In such cases, the examining attorney must issue an identification requirement instructing the applicant to submit an amended identification that is definite and complies with the USPTO identification practice. An applicant may not delete the reference to a geographic designation or origin entirely from the identification because such an amendment would impermissibly broaden the scope of the goods and/or services. See TMEP §§1402.06, 1402.07. In general, the amended identification must indicate that the goods are made or produced, or the services feature goods made or produced, in accordance with certain, specific, or adopted standards. The language used to describe the goods and/or services should be understandable to the average person and should not require an in-depth knowledge of the relevant field. TMEP §1402.01.
Examples of original identifications and the amended wording that may be recommended include the following:
| ORIGINAL ID | RECOMMENDED AMENDMENT |
|---|---|
| Wine | Wines produced in {insert geographic name or region} in accordance with adopted standards |
| AVA grape wine | Wines made from grapes grown in {insert the geographic name or region} in accordance with specific standards |
| Wine complying with the characteristics of the Horse Heaven Hills AVA | Wines produced in Horse Heaven Hills, located within the Columbia Valley area of Yakima, Washington in accordance with adopted standards |
| Retail stores featuring Alexander Valley AVA wines | Retail store services featuring wines from the Alexander Valley area of Sonoma, California made in accordance with adopted standards |
| Wines derived from grapes grown in the Sta. Rita Hills AVA, labeled and advertised in compliance with U.S. AVA laws | Wines made from grapes from Santa Rita Hills, California in accordance with specific standards |
Although AVA designations are similar to geographic certification marks in terms of their purpose and function, these designations raise complex issues when included in applied-for marks of any type. Thus, if an applied-for mark of any type contains an AVA designation, the assigned examining attorney must consult the Office of the Deputy Commissioner for Trademark Examination Policy before taking any action on the application.