[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR5.34]

[Page 61-62]
 
            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,

[[Page 62]]

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 TTB 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 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.