Selling it

Naming it, and the words already spoken for

Updated October 2026

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The olive oil grade names The vinegar names Descriptive names for everything else The lesson from the 1924 case applies generally Check availability early References

Two sets of defined words run through this property, and using one is making the claim behind it whether or not that was the intention.

The olive oil grade names

Extra virgin, virgin, olive oil and refined olive oil each correspond to a grade with chemical and sensory criteria. The standards also state that olive-pomace oils are not to be labeled as olive oil, which is the one place in the grade standards where a naming rule is written as a prohibition rather than a definition.

The vinegar names

Cider, wine, malt, spirit and the rest each describe what the vinegar was fermented from. A blend is labeled as a blend with the names in order of predominance, and vinegar made from dried apples, cores or peels has to say what it was made from.

Descriptive names for everything else

An infused oil, a shrub or a drinking vinegar is named by what it is, and the test is whether a buyer reading the name would be surprised by the contents. That is the same test the statement of identity applies, which makes it a reliable one to use early.

The lesson from the 1924 case applies generally

A name made of individually true words can still misrepresent the product. If a name is technically defensible and would leave a reasonable buyer with the wrong idea, it is the wrong name, and that is a judgment to make before artwork rather than in response to a complaint.

Check availability early

A name already registered in this category is one you will be asked to stop using, usually once you are visible enough to be worth asking. The search belongs at the shortlist stage and it is the cheapest diligence in the business.

References

United States Department of Agriculture, Agricultural Marketing Service. United States Standards for Grades of Olive Oil and Olive-Pomace Oil, 7 CFR 52.1531 to 52.1542, published at 75 FR 22363 and effective October 25, 2010. Voluntary standards issued under the Agricultural Marketing Act of 1946. ams.usda.gov

United States Food and Drug Administration. Compliance Policy Guide Sec. 525.825, Vinegar, Definitions: “No standards of identity for vinegar have been established under the Federal Food, Drug, and Cosmetic Act,” and each listed variety “should contain 4 grams of acetic acid per 100 mL.” fda.gov

Written from federal regulation, voluntary USDA grade standards, FDA labeling policy and published extension guidance, not from a laboratory. The infused-oil pages describe a real botulism hazard and are a starting point for a conversation with your state department of agriculture and a process authority, not a determination that any method you use is safe.