If you’re in the spirits business and thinking of building a brand around “Tequila” or “Mezcal,” there’s an important legal roadblock you need to understand. In the U.S., these terms aren’t just generic descriptions of alcoholic beverages—they’re protected certification marks tied to geographic origin and quality standards. That means you can’t simply slap “Tequila” into your trademark or product description without facing serious legal opposition.

The Tequila Case: A Certification Mark With Legal Muscle

In the United States, “Tequila” is a registered certification mark owned by Consejo Regulador del Tequila, A.C. (CRT)—a private Mexican organization authorized under Mexican law to monitor and enforce the production standards of tequila. CRT isn’t a distillery or brand owner; rather, it’s an independent regulatory body tasked with ensuring that products labeled as “Tequila” meet strict criteria, including geographic origin (specific regions in Mexico), production methods, and ingredient standards.

This distinction matters in U.S. trademark law. Certification marks like “Tequila” serve a unique function: they signify that a product meets certain defined standards, not that it comes from a specific producer. Because of this, the U.S. Patent and Trademark Office (USPTO) does not allow private businesses to register trademarks that contain or are confusingly similar to certification marks, nor can they use the term descriptively in connection with non-certified goods.

This issue came to a head in the long-running TTAB opposition case, Consejo Regulador del Tequila, A.C. v. Tequila Cuervo La Rojeña, S.A. de C.V. (Opposition No. 91190827). In that case, Cuervo, a major tequila producer, attempted to register a mark incorporating the term “Tequila.” CRT opposed the application, asserting its rights as the certification mark owner. The Trademark Trial and Appeal Board (TTAB) ultimately sided with CRT, reinforcing the principle that even legitimate producers of tequila cannot claim exclusive trademark rights over the word “Tequila.”

The Mezcal Parallel: A New Certification Mark in the Works

Now, a similar framework is being established for Mezcal—another iconic Mexican spirit. The Consejo Mexicano Regulador de la Calidad del Mezcal A.C. (COMERCAM), the official body tasked with regulating mezcal production, has applied to register “Mezcal” as a certification mark in the U.S. Just like CRT for tequila, COMERCAM’s role is to ensure that products sold as “Mezcal” meet specific production and origin standards under Mexican law.

If and when this registration is granted, U.S. businesses will face the same restrictions for “Mezcal” that already apply to “Tequila”. This would prohibit using “Mezcal” in a trademark unless the goods meet the certification standards established by COMERCAM—and, crucially, the mark would have to be used in a manner that doesn’t suggest endorsement or ownership of the certification itself.

Why It Matters for Brand Owners

For U.S. companies in the alcohol industry, especially those dealing in imported spirits, this is a major compliance issue. Using a term like “Tequila” or “Mezcal” in a brand name or even in a trademark description may:
• Trigger an opposition or cancellation proceeding from the certification mark owner;
• Result in a refusal from the USPTO based on likelihood of confusion with a certification mark;
• Mislead consumers about the nature and origin of your product, exposing you to false advertising claims.

Bottom line: “Tequila” and “Mezcal” are not just flavor descriptors—they’re legal designations. If you want to use those words on your label, make sure your product is certified accordingly. And when it comes to trademarks, steer clear unless you’ve got legal clearance and full compliance with the certification body’s standards.

Final Thoughts

As the spirits market grows and more craft producers seek to tap into the premium tequila and mezcal trends, understanding the trademark implications of these terms is more important than ever. Respecting certification marks not only keeps your brand out of legal trouble—it also helps preserve the integrity and reputation of these culturally significant spirits.

If you’re developing a new brand in the spirits space, especially one that references geographic indicators or internationally protected terms, consult an experienced trademark attorney early in the process. It could save you years of legal battles—and a lot of money.

Augusto Perera, Esq.

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