[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR4.33]

[Page 26-27]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 4_LABELING AND ADVERTISING OF WINE--Table of Contents
 
                Subpart D_Labeling Requirements for Wine
 
Sec. 4.33  Brand names.

    (a) General. The product shall bear a brand name, except that if not 
sold under a brand name, then the name of the person required to appear 
on the brand label shall be deemed a brand name for the purpose of this 
part.
    (b) 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, either when qualified by the 
word ``brand'' or when not so qualified, conveys no erroneous 
impressions as to the age, origin, identity, or other characteristics of 
the product.
    (c) Trade name of foreign origin. This section shall not operate to 
prohibit the use by any person of any trade name or brand of foreign 
origin not effectively registered in the United

[[Page 27]]

States Patent Office on August 29, 1935, which has been used by such 
person or his predecessors in the United States for a period of at least 
five 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 qualifications shall be in script, type, or printing 
as conspicuous as the trade name or brand.