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Labeling Trade Name vs Operating Name (DBA)

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I can't find a definition of the difference between a Labeling Trade Name and an Operating Name (DBA). Can anyone help me out?

Thanks in advance!

Tom

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Your DSP is issued to your legal entity, but you can add any name to your permit to be used on the back and front of your labels by using form TTB F 5100.18 section 6. This is only necessary if you intend to brand with a name other than your legal entity.

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Thanks Kristian, that's exactly what I'm trying to do. But in permits online, it asks me to choose whether that name is an Operation Name (DBA) or Labeling Trade Name.... I want to understand the difference between the two - and make the right choice.

Tom

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Here is the advice I give to persons who hire me to consult on applications.

The operating entity has a legal name, e.g. ABC, LLC. It may also have an operating trade name, e.g., Right Way Distilling.

The operating trade name is the name under which you hold forth to the public that you are doing business.

If you hold forth that you are Right Way Distilling, TTB would issue the permit to: ABC, LLC, dba Right Way Distilling. Right way disitlling does not exist as a legal entity.

Right Way Distilling might want to bottle under bottling trade names for any number of reasons. For example, it might bottle for Good Food Restaurant and use the bottling trade name “Good Food Spirits.” The label would say “Bottled by Good Food Spirits” (bottling trade name) but your invoices to Good Food Restaurants would bear that name “Right Way Distilling,” and tax returns, bonds and applications, etc., would t bear that name "ABC, LLC, dba Right Way Distilling."

I have a rule of not believing anyone who can't site a source. I've tried to find something in writing where TTB has defined the terms. I have failed to find one. So I hope someone can find a source that confirms what I say. I'm sure of it, but the principal,trust but verify, applies.

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dhdunbar,

Thanks for posting the above info. I'm still a bit confused on what you have stated and hope you can help to clarify my [mis]understanding.

Using the example you have above, let's say you are bottling a gin for Good Food Restaurant called "GFR Gin." I assume you don't need a trade name for "GFR Gin." (Or would you?) On the back of this label, you have indicated that it would state "Bottled by Good Food Spirits." I assume this means that no where on this label does it say anything about Right Way Distilling or ABC, LLC, correct?

Taking this one step further, if ABC, LLC, dba Right Way Distilling was also distilling a vodka for another restaurant, "Blue Bell Restaurant" and called it "BBR Vodka" and on the back of the label it stated "Distilled by Blue Bell Spirits," then ABC, LLC would have to have filed for the trade name "Blue Bell Spirits" in order to meet TTB requirements. Does that also mean that ABC, LLC would need to also have a DBA filed for "Blue Bell Spirits?" (And one filed for " Good Food Spirits?")

Lastly, would the above restaurants need to be registered as any kind of a manufacturer/producer/bottler with TTB?

Thanks!!!

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dhdunbar,

Thanks for posting the above info. I'm still a bit confused on what you have stated and hope you can help to clarify my [mis]understanding.

Using the example you have above, let's say you are bottling a gin for Good Food Restaurant called "GFR Gin." I assume you don't need a trade name for "GFR Gin." (Or would you?) On the back of this label, you have indicated that it would state "Bottled by Good Food Spirits." I assume this means that no where on this label does it say anything about Right Way Distilling or ABC, LLC, correct?

Taking this one step further, if ABC, LLC, dba Right Way Distilling was also distilling a vodka for another restaurant, "Blue Bell Restaurant" and called it "BBR Vodka" and on the back of the label it stated "Distilled by Blue Bell Spirits," then ABC, LLC would have to have filed for the trade name "Blue Bell Spirits" in order to meet TTB requirements. Does that also mean that ABC, LLC would need to also have a DBA filed for "Blue Bell Spirits?" (And one filed for " Good Food Spirits?")

Lastly, would the above restaurants need to be registered as any kind of a manufacturer/producer/bottler with TTB?

Thanks!!!

BBR Vodka and GFR Gin are Brand Names. Just to expand the confusion. And in some cases, you can use the Trade Names as the Brand Names. You did not specify the forms you were completing: the Brand Name pops up on the COLA, for example.

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I'm actually working on the Permits-Online screens and adding an amendment to register the various names we are using and/or are being used by those we are providing products for. However, I really am more concerned that we are doing things correctly with whatever we end up putting on the labels, when we get to that point, with regards to the 3rd-parties we are doing things with (e.g. - Good Food Spirits & Blue Bell Spirits)

Thanks!!

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The name that you use as the "required name and address" statement is the "bottling trade name".

If it says, "Distilled and Bottled by "Goodfoods Restaurants," or" Produced and Bottled by Good Foords Restaurants," or simp;ly" Bottled by Goodfoods Restaurants," then "Good Food Restaurants" is the bottling trade name.

The Brand name could also be "Goodfood Restaurants" and then the label would identify the class and type, i.e. Distilled Gin, or whatever. It could also be "Sink Water" Gin "Distilled and Bottled by Goodfoods Restaurants."

Here is that label:

Goodfood Restaurants

Gin

Produced and Bottled by Good Foods Restaurants, Slipshod MT

If the brand name is GFR, then:

GFR

Gin

Produced and Bottled by Good Food Restaurants, Slipshod MT

Here is the label:

You do not need to register brand names with TTB. But you do need to submit an amended application to add a bottling trade name.

On the Vodka variation, you register the bottling trade name (Blue Bell Spirits) ,since again you are using one other than your operating trade name. And again, you do not register the brand name, but someone should be registering the trademark Blue Bell Spirits, and that should probably by the restaurant owner, if it wants to protect its interests, so that, for example, if could move production and bottling to the distilled spirits plant down the street.

Finally, your customer is not a distilled spirits plant. If it acquires the spirits from you for resale at wholesaler, it would need a wholesaler's basic permit from TTB. If it acquires the spirits for resale at retail, it need only register with TTB (and since the demise of special occupational taxes on retailers, that is not a provision often enforced).

These are general rules. If you have specific questions, then that requires specific answers, and I only give general answers on forums like this.

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