Trademark Class 33: Protecting Alcoholic Beverages & Spirits

When registering a trademark, choosing the correct classification under the Nice Classification (NCL) system is crucial. Trademark Class 33 covers alcoholic beverages, including wines, spirits, liqueurs, and distilled drinks. If your business operates in the alcohol industry, securing a trademark under Class 33 is essential to protect your brand identity and prevent unauthorized use by competitors.

This guide provides an in-depth look at Trademark Class 33, its scope, benefits, registration process, and potential challenges.

What is Trademark Class 33?

Trademark Class 33 encompasses all types of alcoholic beverages, excluding beer (which falls under Class 32). Businesses producing, selling, or distributing alcoholic drinks should register their trademarks under Class 33 for legal protection.

Key Products Covered Under Class 33:

Wines & Sparkling Wines
Whiskey, Vodka, Rum, Gin, Tequila
Brandy & Cognac
Liqueurs & Cordials
Alcoholic Cocktails & Aperitifs

Complete List of Goods Covered Under Class 33 (Nice Classification)

Class 33 under the Nice Classification (NCL) system covers alcoholic beverages, except beer. It includes spirits, liqueurs, wines, and pre-mixed alcoholic cocktails but excludes beer (Class 32) and medicinal alcoholic beverages (Class 5).

1. Wines

• Red wine
• White wine
• Rosé wine
• Sparkling wine
• Fortified wine (e.g., Port, Sherry, Madeira)
• Dessert wine (e.g., Muscat, Sauternes)
• Ice wine

2. Spirits and Distilled Alcoholic Beverages

• Vodka
• Gin
• Rum
• Whiskey / Whisky (Scotch whisky, Irish whiskey, Bourbon, Rye whiskey)
• Tequila
• Brandy (including Cognac and Armagnac)
• Absinthe
• Grappa
• Shochu
• Mezcal
• Aquavit
• Arak

3. Liqueurs and Aperitifs

• Fruit liqueurs (e.g., Cherry liqueur, Raspberry liqueur)
• Cream liqueurs (e.g., Baileys Irish Cream, Amarula)
• Herbal liqueurs (e.g., Jägermeister, Chartreuse, Benedictine)
• Coffee liqueurs (e.g., Kahlúa, Tia Maria)
• Nut-based liqueurs (e.g., Amaretto, Frangelico)
• Anise-based liqueurs (e.g., Ouzo, Sambuca, Pastis)
• Bitters and aperitifs (e.g., Campari, Aperol, Fernet)

4. Pre-Mixed Alcoholic Drinks and Cocktails

• Ready-to-drink cocktails (e.g., canned margaritas, rum & cola)
• Alcoholic punches and sangria
• Hard seltzers (alcoholic sparkling water)
• Alcoholic cider and perry

5. Specialty and Regional Alcoholic Beverages

• Sake (Japanese rice wine)
• Soju (Korean distilled spirit)
• Baijiu (Chinese distilled liquor)
• Pulque (Mexican fermented agave drink)
• Pisco (South American grape brandy)
• Palm wine / Toddy
• Ice cider (alcoholic apple cider)

What is NOT Covered under Class 33?

Trademark Class 33 does not include certain beverages, which are classified separately:

• Beer & Non-Alcoholic Beverages → (Class 32)
• Alcohol used for medical purposes → (Class 5)
• Coffee, tea, and cocoa-based beverages → (Class 30)

If your business deals with beer or soft drinks, you must register under Trademark Class 32, not Class 33. Class 33 covers all alcoholic beverages except beer. If you're unsure about a specific product classification, feel free to ask Online Legal India!

Why Should You Register a Trademark Under Class 33?

a) Exclusive Brand Protection

Trademark registration prevents others from using a similar name or logo, ensuring legal security for your brand.

b) Market Recognition & Authority

A registered trademark enhances brand credibility and protects against brand dilution.

c) Protection against Counterfeiting

Alcoholic beverage brands often face counterfeit product issues. A trademark helps legally prevent fake products from entering the market.

d) Global Expansion Benefits

Many alcohol brands operate internationally. A trademark under Class 33 protects your brand in multiple jurisdictions and markets.

e) Who Should Register a Trademark in Class 33?

Trademark Class 33 is ideal for businesses involved in:

• Winemaking & wineries
• Distilleries & liquor brands
• Alcoholic beverage distributors
• Cocktail & liqueur manufacturers
• Alcohol-based energy drinks

If your business falls under any of these categories, securing a trademark in Class 33 is crucial for brand security.

How to Register a Trademark Under Class 33?

Step 1: Conduct a Trademark Search

Before applying, check if similar trademarks exist to avoid legal conflicts. You can perform a trademark search on the IP India website (https://ipindia.gov.in).

Step 2: Prepare the Required Documents

You need:

• Brand name & logo (if applicable)
• Business owner’s details
• List of goods (specific to Class 33)
• 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:

1. Uniqueness of the brand name
2. Proper classification under Class 33

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.

7. Common Challenges in Class 33 Trademark Registration

7.1 Trademark Similarity Issues

Your application may face rejection if your brand name is too similar to an existing Class 33 trademark. A trademark search before filing can prevent this issue.

7.2 Generic or Descriptive Names

Using common terms like "Premium Vodka" or "Best Whiskey" may be rejected for being too generic. Ensure your brand name is distinct and unique.

7.3 Opposition from Established Brands

Large liquor companies may oppose new trademarks that resemble their existing brands. Legal representation is often necessary to defend against objections.

8. Case Studies of Trademark Class 33 Disputes

Case 1: Jack Daniel’s vs. Local Whiskey Brands

Jack Daniel’s has repeatedly sued smaller distilleries for using similar bottle shapes and branding elements.

Case 2: Moët & Chandon vs. Fake Champagne Producers

The luxury champagne brand Moët & Chandon has taken legal action against producers falsely labeling sparkling wines as “champagne”.

Case 3: Bacardi vs. Imitation Rum Brands

Bacardi has defended its trademark against regional rum brands attempting to copy its packaging and branding style.

9. Conclusion: Why Trademark Registration in Class 33 is Essential

For businesses in the alcoholic beverage industry, trademark registration in Class 33 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 33, Online Legal India provides seamless trademark services to help secure your brand.