What Is Trade Mark Class 32?
Trade marks are one type of intellectual property protection. A trade mark helps distinguish your brand from competitors by giving you the exclusive rights to use the mark in connection with your business. The trade mark classes system separates trade marks by their use. One of these classes is class 32, which covers beer and most non-alcoholic beverages.
To help you navigate the trade mark application process, this article will take you through trade mark classes and what is included in trade mark class 32.
Trade Mark Classes
Australia recognises 45 different classes under which your trade mark can be registered. Selecting a trade mark class (or classes) is part of the trade mark application process. Additionally, trade marks are only protected under the classes for which they are registered. Consequently, it is crucial that you select the right trade mark classes at the time of your application.
The classification system Australia uses is known as the Nice trade mark classification system. This is an internationally recognised system that divides trade marks into 34 goods and 11 service types.
You can browse the Nice classification system for more information.
Importance of Trade Mark Classes
Trade mark classes serve as an important mechanism for conflicting trade marks. Importantly, if two trade marks are similar, they can still coexist as long as they operate in completely different markets. For example, two logos can be similar if one is used for a food product and the other is being used for computer software. This is because there is a reduced chance of consumer confusion.
Trade Mark Class 32
Trade mark class 32 covers beers, mineral water and other non-alcoholic beverages.
Some examples of what is included in trade mark class 32 are outlined in the table below:
|Beers and ciders||• Beer|
• Beer wort
|Mineral water and other carbonated beverages||• Aerated water|
• Ginger ale
• Soda water
• Table and bottled water
|Fruit and vegetable beverages||• Fruit juice|
• Fruit smoothies
• Vegetable juice
|Syrups||• Fruit syrups|
• Lemonade syrups
|Beverage preparations||• Preparations for aerated water|
• Pastilles and powders for effervescing beverages
Trade mark class 32 covers most beverages. However, there are some beverages that do not fall into class 32.
- beverages that are used for medicinal purposes;
- milk and other milk-based beverages; and
- chocolate and coffee-based beverages.
Therefore, you should check whether your goods fit into any of the above categories. If this is the case, you will need to explore other trade mark classes to find a more suitable classification.
Tips for Selecting Trade Mark Classes
When selecting your trade mark classes, there are two common mistakes to avoid. These two common mistakes are:
- selecting too many trade mark classes; and
- selecting too few trade mark classes.
If you select too many trade mark classes, it may become unnecessarily expensive. Additionally, to keep your trade mark rights, you need to ensure you are using your trade mark in each category. Therefore, if you select too many classes, it will be difficult to use them all. Importantly, you could be risking removal from the trade mark register.
On the other hand, selecting too few trade mark classes risks narrowing the scope of your trade mark protection. You cannot add more classes to your trade mark if you change your mind after lodging your application. Indeed, it is vital to consider your business’ future and trade mark protection for the goods and services you may explore later down the line.
When registering a trade mark for your brand assets, you need to select the right trade mark classes. This will ensure that your trade mark has sufficient protection. Trade mark class 32 may be appropriate for your goods if they are:
- beer or cider;
- mineral water or other carbonated beverage;
- fruit or vegetable beverage;
- syrup; or
- good relating to beverage preparation.
If you are looking for help selecting your trade mark classes or need general trade mark assistance, our experienced trade mark lawyers can help. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
The trade mark classes system separates registered trade marks by their use. The Nice classification system separates trade mark classes into 45 categories. These 45 categories comprise 34 goods and 11 services. Additionally, your trade marks will only receive protection under the classes under which you register them. Therefore, it is important that you select the right ones at the time you make your application.
Trade mark class 32 covers beers, mineral water and other beverages such as fruit and vegetable juices. Importantly, trade mark class 32 does not cover beverages used for medicinal purposes, milk-based beverages and chocolate and coffee-based beverages.