A Guide to Trade Mark Class 33
When applying for trade mark registration, one of the first steps is to classify your goods or service into the relevant trade mark class or classes. One of these 45 trade mark classes is class 33, which covers most alcoholic beverages (with one key exception).
To help you better understand trade mark classifications, this article will take you through what trade mark classes are and what class 33 does not include and explain the principle of coordinated trade mark classes.
What are Trade Mark Classes?
When applying for trade mark registration, you are required to choose one or more trade mark classes. These classes relate to different goods or services, providing a system that ensures businesses with similar trade marks do not infringe on each others’ trade marks or cause confusion to consumers about the origin of a product.
The internationally recognised Nice classification system divides trade marks into 45 different classes – 34 goods and 11 services. For example, one of these trade mark classes is 33, which covers most alcoholic beverages. To find the best trade mark class for your goods or services, you can search the Nice classification system.
What Does Trade Mark Class 33 Include?
Trade mark class 33 covers most alcoholic beverages. For more information about what this includes, refer to the table below:
|Preparation of alcoholic beverages||Alcoholic essences and extracts|
Rice-based alcohol (including rice wine)
|Wine||All wines (including fortified wines)|
|Sparkling wines||All sparkling wines (including cider)|
|Pre-mixed beverage||Cocktail mixers|
Pre-mixed beverages (containing alcohol)
Alcoholic fruit extracts
|Spirits and liquor||Brandy|
Does Trade Mark Class 33 Include Beer?
While trade mark class 33 includes most alcoholic beverages, it does not include beer. Instead, trade mark class 32 includes beer. This class also contains minerals and other non-alcoholic beverages.
However, it is important to note that while trade mark class 33 does not include beer, it is considered the same as wine for infringement purposes. In the 2010 case E. & J. Gallo Winery v Lion Nathan Australia Pty Limited, the issue of whether beer is related to wine arose. In this case, two trade marks for the word ‘Barefoot’ were applied for – one relating to beer and the other relating to wine.
Similar trade marks are allowed to co-exist. However, you must use them in two entirely different markets. However, in this case, the High Court decided that all alcoholic beverages are goods of the same description. Therefore, using identical or similar trade marks for a beer and wine product will bring about an infringement, even though they belong to separate classes.
Related Trade Mark Classes
There are several ‘coordinated classes’ to class 33. Coordinated classes relate to trade mark classes that are often applied for at the same time as one another. Some coordinated trade mark classes include class:
- 29 – meat, fish, poultry;
- 30 – coffee, flour, bread;
- 31 – grains and agriculture;
- 32 – beers and beverages; and
- 43 – food services.
You must choose as many trade mark classes as needed to cover your goods or services comprehensively. However, it is important to note that you must pay a separate registration and renewal fee for each trade mark class you choose.
The trade mark classes you select determine the scope of your trade mark. Once you apply for your trade mark, you will not be able to add another class to your application. This makes it important to be thorough when choosing your trade mark classes. Trade mark class 33 may be suitable for your goods if they are:
- used for the preparation of alcoholic beverages;
- a type of wine;
- a sparkling wine;
- a pre-mixed beverage;
- spirit or liquor.
Frequently Asked Questions
Trade mark classes refer to the 45 different categories of goods or services used for trade mark registration. This internationally recognised trade mark classification system ensures that different businesses with similar trade marks can co-exist without infringing on one another.
Class 33 is the trade mark class for alcoholic beverages, excluding beer. This includes goods that are used for the preparation of alcoholic beverages, wines and sparkling wines, pre-mixed alcoholic beverages and spirits and liquor.