[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR5.34]

[Page 59-60]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 5--LABELING AND ADVERTISING OF DISTILLED SPIRITS--Table of Contents
 
         Subpart D--Labeling Requirements for Distilled Spirits
 
Sec. 5.34  Brand names.

    (a) Misleading brand names. No label shall contain any brand name, 
which, standing alone, or in association with other printed or graphic 
matter, creates any impression or inference as to the age, origin, 
identity, or other characteristics of the product unless the appropriate 
ATF officer finds that such brand name (when appropriately qualified if 
required) conveys no erroneous impressions as to the age, origin, 
identity, or other characteristics of the product.
    (b) Trade name of foreign origin. Paragraph (a) of this section does 
not prohibit the use by any person of any trade name or brand of foreign 
origin not effectively registered in the U.S. Patent Office on August 
29, 1935, which has been used by such person or his

[[Page 60]]

predecessors in the United States for a period of at least 5 years 
immediately preceding August 29, 1935: Provided, That if such trade name 
or brand is used, the designation of the product shall be qualified by 
the name of the locality in the United States in which produced, and 
such qualification shall be in script, type, or printing as conspicuous 
as the trade name or brand.