Trademarks Used to Identify Wine Products

The National Institute of Viticulture (INV) has issued Resolution No. C. 6/2011, published in the Official Gazette on February 28, 2011. The resolution adopts the section on the Wine Subsystem, which is the part of the Electronic Data Transfer System on the use of trademarks to identify wine products.

As of the date of this resolution, all trademarks declared by entities registered with the INV in compliance with Resolution No. C.6 of February 17, 2003 (please see “Trademarks of Viticulture Products” in Marval News # 15 dated March 28, 2003), will be published on the INV’s website.

Companies registered with the INV must transfer in digital format and within 90 working days from the enforcement of this resolution, the images of the labels related to any trademark in use and registered with the INV. This includes those which are not currently in use but may be found in the market.

If any company registered with the INV discovers that certain of its trademarks have not been declared with the INV, or that these need to be updated, they must file a sworn declaration as established by Resolution C.6/03 (applicable to trademarks which identify viticulture products) and must subsequently submit the images related to the label of the trademark declared.

If the INV verifies after the deadline mentioned that certain labels have not been transferred, the products will be seized.

Failure to comply with the provisions of Resolution No. 6/2011 will be subject to penalties stated in article 14, paragraph i) of Law 14,878 (Law of Wines).