Trademark Class 32: Non-Alcoholic Beverages & Drinks

When registering a trademark, selecting the correct Nice Classification (NCL) class is crucial for ensuring legal protection. Trademark Class 32 covers non-alcoholic beverages, such as fruit juices, soft drinks, mineral waters, energy drinks, and syrups used in beverage preparation.

If your business operates in the beverage industry, securing a trademark under Class 32 is essential to prevent unauthorized use of your brand name, logo, or tagline. This guide provides an in-depth look at Trademark Class 32, its scope, benefits, registration process, and potential challenges.

What is Trademark Class 32?

Trademark Class 32 encompasses non-alcoholic beverages and preparations for making drinks, including:

• Soft drinks & sodas
• Fruit juices & nectars
• Mineral & aerated waters
• Energy & sports drinks
• Syrups & concentrates for beverages, and more

Businesses in the non-alcoholic beverage sector should register their trademarks under Class 32 to safeguard their brand identity.

A Complete List of Goods Covered under Class 32

Class 32 of the Nice Classification (NCL) covers non-alcoholic beverages and preparations for making beverages. This includes carbonated drinks, fruit juices, energy drinks, and mineral waters but excludes alcoholic beverages (Class 33) and dairy-based beverages (Class 29). This is the list of Goods Covered under Class 32.

1. Mineral and Aerated Waters

• Natural mineral water (still or sparkling)
• Spring water
• Table water
• Distilled drinking water
• Carbonated water
• Flavored water (lemon water, berry-infused water, etc.)
• Tonic water
• Soda water
• Club soda
• Seltzer water

2. Soft Drinks (Carbonated and Non-Carbonated)

• Cola drinks
• Lemon-lime soda
• Root beer
• Ginger ale
• Orange soda
• Grape soda
• Non-carbonated fruit-flavored drinks
• Lemonade (including sparkling lemonade)
• Iced tea (non-alcoholic and non-medicinal)
• Non-alcoholic malt beverages

3. Fruit and Vegetable Juices

• 100% fruit juices (e.g., orange juice, apple juice, grape juice)
• Mixed fruit juices (tropical blends, cranberry blends)
• 100% vegetable juices (e.g., tomato juice, carrot juice, beet juice)
• Fruit and vegetable juice blends
• Smoothies (without dairy content)
• Coconut water
• Aloe vera juice
• Sugarcane juice

4. Energy Drinks and Sports Drinks

• Energy drinks (caffeinated, vitamin-enhanced, taurine-based)
• Sports drinks (electrolyte and hydration drinks)
• Isotonic and hypertonic beverages
• Protein-enhanced non-dairy drinks

5. Syrups, Concentrates, and Powders for Beverages

• Fruit syrups for making beverages
• Soft drink concentrates
• Cordials and non-alcoholic fruit extracts
• Powdered drink mixes (e.g., lemonade mix, fruit punch mix, iced tea mix)
• Squash (concentrated fruit drinks)

6. Non-Alcoholic Beer and Wine Alternatives

• Non-alcoholic beer
• Non-alcoholic wine
• Non-alcoholic cider
• Non-alcoholic champagne
• Non-alcoholic malt beverages

7. Fermented Non-Alcoholic Beverages

• Kombucha (non-alcoholic)
• Kvass
• Kefir-based soft drinks (without dairy)

8. Herbal and Botanical Infusions (Non-Medicinal)

• Herbal infusions and teas (non-medicinal)
• Floral-based drinks (hibiscus tea, rose-infused water)
• Plant-based water infusions (flavored water with herbs, botanicals)

9. Specialty Non-Alcoholic Beverages

• Bubble tea (without dairy)
• Vinegar-based drinks (e.g., apple cider vinegar drinks)
• Functional beverages (non-medicinal, e.g., vitamin-enriched water)
• Caffeinated soft drinks (excluding coffee-based beverages)

What is NOT Covered under Class 32?

Trademark Class 32 does not include alcoholic beverages or medicinal drinks. Some related items fall under different trademark classes:

• Alcoholic beverages → (Class 33)
• Coffee, tea, cocoa, and milk-based drinks → (Class 30)
• Dietary supplements & medicinal drinks → (Class 5)
• Ice cream & frozen beverages → (Class 30)

If your business deals with alcoholic beverages, you must register under Trademark Class 33, not Class 32.

Why Should You Register a Trademark Under Class 32?

a) Exclusive Brand Protection

Trademark registration prevents competitors from using a similar name, protecting your brand’s identity.

b) Legal Rights & Market Authority

A registered trademark grants you legal ownership of your brand name, preventing unauthorized use.

c) Competitive Advantage

Having a unique trademark establishes brand recognition, giving you a market advantage.

d) Preventing Counterfeiting & Brand Misuse

Many beverage brands face imitation issues. A registered trademark prevents counterfeit products from entering the market under your brand name.

Who Should Register a Trademark in Class 32?

Trademark Class 32 is ideal for businesses involved in:

1. Soft drinks & soda manufacturing
2.  Mineral water & bottled water companies
3.  Fruit juice & beverage brands
4. Sports & energy drink manufacturers
5. Companies selling drink concentrates & syrups

If your business falls under any of these categories, securing a trademark in Class 32 is crucial for brand security.

How to Register a Trademark Under Class 32?

Step 1: Conduct a Trademark Search

Before applying, check if similar trademarks already exist to avoid conflicts. You can perform a trademark search on the IP India website.

Step 2: Prepare the Required Documents

You’ll need:

1. Brand name & logo (if applicable)
2. Business owner’s details
3. List of goods (specific to Class 32)
4. Power of Attorney (if applying through an agent)

Step 3: File the Trademark Application

You can submit your application via:

• Online mode – Through the official IP India website
• Offline mode – At the nearest Trademark Registry Office

Step 4: Examination & Publication

The Trademark Office will review your application to check for:

• Uniqueness of the brand name
• Proper classification under Class 32

If approved, your trademark is published in the Trademark Journal for 4 months to allow opposition.

Step 5: Registration & Certification

If no objections are raised, the Trademark Registration Certificate is issued, giving you exclusive ownership rights over your brand.

Common Challenges in Class 32 Trademark Registration

• Trademark Similarity Issues

Your application may face rejection if your brand name is too similar to an existing Class 32 trademark. A trademark search before filing can prevent this issue.

• Generic or Descriptive Names

Using common terms like "Best Soft Drink" or "Natural Juice" may be rejected for being too generic. Ensure your brand name is distinct and creative.

• Opposition from Competitors

Major beverage companies may oppose new trademarks that resemble their existing brands. A legal defense strategy is essential in such cases.

Case Studies of Trademark Class 32 Disputes

Case 1: Coca-Cola vs. Local Soda Brands

Coca-Cola has filed multiple trademark disputes against small soda brands using similar bottle designs and brand names.

Case 2: Red Bull vs. Energy Drink Companies

Red Bull has taken legal action against smaller energy drink brands trying to imitate its branding, proving the importance of a strong trademark.

Case 3: Tropicana vs. Fruit Juice Brands

Tropicana, a leading fruit juice brand, has defended its trademark rights against regional juice brands attempting to use similar names and packaging.

Why Trademark Registration in Class 32 is Essential

For businesses in the non-alcoholic beverage industry, trademark registration in Class 32 is a vital step to protect brand identity.

• Prevents unauthorized brand use
• Gives exclusive ownership rights
• Ensures consumer trust and brand credibility

If you need expert assistance for trademark registration under Class 32, Online Legal India can help you in flawless filing. Contact them today.