List of Items under Trademark Class 33: Alcoholic Beverages

While categorizing amalgamated Trademarks, the U.S. Patent and Trademark Office (USPTO) divide trademarks into 45 different “classes” of products and services. The sole purpose of these different classes of Trademark is to allow different types of businesses to register their Trademarks into categories most related to their core or main business.

This type of classification is deemed to be an elaborate classification system; however, it can actually be seen that companies using the same Trademark do not actually compete with one another in the minds of consumers, because their products are different from each other.

Overview of Trademark Class 33

For the purpose of international registration along with the protection of Trademark, the Trademarks which are used in the business of such subsequent substances and goods are included under Trademark class 33. This particular class of Trademark is famous for including beverages such as spirits, wines or any different category of alcoholic beverages other than beer.

List of Items Included under Trademark Class 33

Trademark Class 33 constitutes all kinds or categories of alcoholic beverages. Following are some of the items which are included under the Trademark Class 33:

• Alcoholic beverages
• Spirits and Liquors
• Beverages which are pre-mixed
• All kinds of preparations used for alcoholic beverages
• Sparkling Wines
• All kinds of wines along with fortified wines in general.

List of Items Not Included under Trademark Class 33

Following are the list of items which are not included or excluded from the Trademark Class 33:

• Drinks for medicinal purpose as stated under Trademark Class 5
• Beers as stated under Trademark Class 32
• Beverages which are non-alcoholic in nature or de-alcoholised beverages as mentioned under Trademark Class 32

Illustrations for Trademark Class 33

Following are some of the examples which fit under the definition and scope of Trademark Class 33:

• Sweet Torito wines classified under wines
• Telluride vodka^[1] classified under vodka, and
• Admiral Nelson’s as distilled spirits.

Furnishing Specimens under Trademark Class 33

In case if a mark is currently being used for business as consumers may describe it the Trademarks must be registered in order to furnish an example for such Trademark. The sample used for registration will show the label as it was used on or in connection with the commercial goods.

Any trademark specimen is described as a kind of commodity label, tag, or any container, or display related to the specified commodity. However, the stamping of any specified or a particular Trademark on the goods, container or tags or different kinds of labels attached to the products or boxes, is termed as a proper affixation process for Trademark.

Coordinated Classes under Trademark Class 33

For the purpose of international registration along with the protection of Trademark, the Trademarks which are used in the business of such subsequent substances and goods are included under Trademark class 33. This particular class of Trademark is famous for including beverages such as spirits, wines or any different category of alcoholic beverages other than beer.

However, in case if any particular or specific goods or services fall under more than one class of Trademark, then in such conditions the applicant must apply for Trademark Registration in each of the classes under which such specific goods and services fall.

Further, it can be mentioned that in case if the applicant is not completely sure whether to register in Trademark Class 33, following “coordinated classes” may be considered:

• Meat, fish, poultry as described under Trademark Class 29.
• Coffee, flour, rice as consisted under Trademark Class 30.
• Grains, agriculture as stated under Trademark Class 31.
• Beers and beverages as per Trademark Class 32.
• Alcoholic beverages as per Trademark Class 33.
• Advertising and business services under Trademark Class 35.
• Science and technology services as explained under Trademark Class 42.
• Food services as explained under Trademark Class 43.
• Pharmaceuticals as stated under Trademark Class 5.

Comprehensive Lists of Goods under Trademark Class 33

Following are the list of goods which must be specified and included under Trademark Class 33:

• Anise in the form of liqueur
• Anisette
• Aperitifs
• Arrack
• Chinese distilled alcoholic beverage also known as Baijiu
• Alcoholic beverages other than beer
• Alcoholic beverages which contain fruits
• Bitters
• Brandy
• Cider
• All kinds of cocktails
• Liqueurs and spirits which are used as digesters
• Distilled beverages
• Essences which are alcoholic in nature
• Extracts from alcohol
• Fruit extracts which are alcoholic in nature
• Gin
• Hydromel or mead
• Kirsch
• The sugarcane-based alcoholic beverage also called as Nira
• Liqueurs with peppermint
• All kinds of pre-mixed alcoholic beverages,
• All kinds of pre-mixed beverages other than beer-based
• Alcohol made from rice
• Rum
• Spirits in the form of beverages
• Vodka
• Whisky
• Wine

Conclusion

Trademark Class 33 constitutes to all kinds of categories of alcoholic beverages. This particular class of Trademark is famous for including beverages such as spirits, wines or any different category of alcoholic beverages other than beer.

Further, it can be clearly mentioned that in order to get a Trademark Registered in India for any of his or her goods and services an author or any owner needs to apply under the correct Class of Trademark.

However, if an author or an owner of a Trademark fails to apply in the correct form for a Trademark to be registered in India, then he or she will have to apply again for the same Trademark to be registered. Hence, it is always considered important to contact any Trademark professional for the hassle-free working of the Trademark Registration process.

Also, Read: What is the Trademark Assignment in India?