Under the standardised Nice Classification system, trademarks are divided into 45 distinct classes, each corresponding to specific goods or services. Trademark Class 33 deals with alcoholic beverages (excluding beer). This classification plays an important role in the branding and legal protection of alcoholic products like whisky, rum, gin, vodka, wine, champagne, liqueurs, and other spirits. Given the high commercial value and brand sensitivity in the alcohol industry, registration under Class 33 is critical for safeguarding your label, logo, or trade name.
This blog provides an overview of Trademark Class 33 in India, including the goods included and excluded, as well as the trademark registration process.
What is Trademark Class 33?
Trademark Class 33 covers all alcoholic beverages, with the exclusion of beer (which is covered under Class 32). It includes spirits, fortified wines, and distilled liquors of all kinds.
Whether you are a winery, distillery, importer, or alcohol brand, registering your mark under this class ensures exclusive protection for your products in a competitive and heavily regulated industry.
Goods Covered under Trademark Class 33
1. Spirits and distilled beverages
- Whisky / Whiskey
- Rum
- Vodka
- Brandy
- Gin
- Tequila
- Mezcal
- Cognac
- Armagnac
- Absinthe
- Shochu (Japanese distilled spirit)
- Soju (Korean distilled spirit)
- Aquavit (Scandinavian spirit)
- Ouzo (Greek anise-flavoured spirit)
- Raki (Turkish or Balkan aniseed liquor)
- Pisco (South American grape brandy)
- Arrack (Southeast Asian distilled spirit)
- Korn (German grain spirit)
- Schnapps (fruit or herbal liqueur)
- Calvados (apple brandy)
- Grappa (Italian grape-based pomace brandy)
- Neutral grain spirits
- Ethanol intended for consumption (denatured ethanol excluded)
2. Wines and grape-based fermented alcohols
- Red wine
- White wine
- Rosé wine
- Sparkling wine
- Fortified wine (Port, Sherry, Madeira)
- Table wine
- Dessert wine
- Aperitif wine (vermouth, Dubonnet)
- Mulled wine (spiced wine)
- Ice wine
- Organic and biodynamic wines
NOTE: Use of the term Champagne is strictly controlled under Geographical Indications (GI) law. Thus, only products from the Champagne region in France may use it lawfully.
3. Fruit and plant-based alcoholic beverages
- Cider (alcoholic apple beverage)
- Perry (fermented pear alcohol)
- Plum wine (umeshu)
- Cherry wine
- Banana wine
- Elderflower wine
- Rhubarb wine
- Dandelion wine
- Mead (honey wine)
- Palm wine (toddy, neera)
- Cashew apple feni (Goan alcoholic beverage)
- Grape must (partially fermented grape juice)
4. Liqueurs and cordials
- Herbal liqueurs (e.g., Jägermeister)
- Coffee liqueurs (e.g., Kahlúa)
- Chocolate and cream liqueurs (e.g., Baileys Irish Cream)
- Fruit-based liqueurs (e.g., Limoncello, Curaçao)
- Nut-based liqueurs (e.g., Amaretto, Frangelico)
- Egg liqueurs (e.g., Advocaat)
- Aniseed liqueurs (e.g., Sambuca, Pastis)
- Spiced liqueurs
- Aperitifs and digestifs
5. Ready-to-Drink (RTD) and premixed alcoholic beverages
- Pre-mixed cocktails (Margarita, Mojito, Cosmopolitan in bottled/canned form)
- Alcoholic soda beverages (e.g., vodka coolers, gin and tonic)
- Flavoured malt beverages with high alcohol content (if not classifiable under Class 32)
- Carbonated alcoholic drinks (excluding beer)
- Alcopops (alcoholic fruit-flavoured soft drinks)
- Wine coolers and spritzers
- Alcoholic lemonades
6. Traditional and regional alcoholic beverages
- Sake (Japanese rice wine)
- Makgeolli (Korean rice wine)
- Chhaang (Himalayan barley beer-like beverage)
- Bhaang (which is produced as a cannabis-infused alcoholic extract)
- Toddy (Indian palm sap alcoholic beverage)
- Feni (distilled Goan spirit from cashew or coconut)
- Mahua liquor (tribal liquor made from Mahua flowers in central India)
- Handia (rice-based tribal alcoholic beverage in eastern India)
7. Alcoholic extracts and concentrates (for beverage use)
- Alcoholic flavour extracts (used to make drinks)
- Bitters for cocktails (Angostura, orange bitters)
- Alcohol-based tinctures for use in beverages
- Aromatic alcoholic preparations (as drink additives)
Examples of Trademarks in Class 33
- United Spirits Ltd. for Royal Challenge, McDowell’s No.1, Antiquity
- Pernod Ricard for Chivas Regal, Absolut, Jameson
- Diageo Plc for Johnnie Walker, Tanqueray, Baileys
- Sula Vineyards for Sula, Dindori Reserve, The Source
- Grover Zampa Vineyards
- Remy Martin
- Hennessy
- Glenfiddich
What Class 33 does not cover
Class 33 does not cover the following:
- Beer, non-alcoholic beer, and malt-based beverages are covered in Class 32
- Mineral and aerated waters are covered in Class 32
- Alcoholic flavourings used in food preparations are covered in Class 30
- Alcohol for medical purposes is covered in Class 5
- Retail and distribution services related to alcoholic beverages are covered in Class 35
- Alcohol distillation machinery or brewing equipment is covered in Class 7 or 11
- Hotel and bar services are covered in Class 43
Who Should Register under Trademark Class 33?
Trademark registration under Class 33 is suitable for:
- Alcoholic beverage manufacturers and bottlers
- Wineries and vineyards
- Distilleries and breweries (for spirits only)
- Alcohol importers, exporters, and distributors
- Sellers of alcoholic mixers and pre-mixed cocktails
- Hospitality and bar chains with proprietary alcohol labels
- Wine aggregators and e-commerce alcohol delivery platforms
How to Register a Trademark under Class 33 in India?
Step 1: Trademark search
Search on the IP India Trademark Search Portal to check the availability of the desired mark.
Step 2: File the form TM-A
Fill Form TM-A with a precise description of your goods under Class 33 (e.g., “distilled whisky,” “fortified wine,” or “premixed alcoholic cocktails”). The application can be filed online or manually.
Step 3: Examination
After you file your trademark application, the Registrar of Trademarks will examine it to check whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file opposition.
Step 6: Opposition and Issuance of Registration Certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Conclusion
In conclusion, registering a trademark under Class 33 in India is an essential step for any business involved in the manufacture, distribution, or sale of alcoholic beverages. As branding becomes increasingly central to consumer choice in the alcohol sector, Class 33 registration offers both legal security and strategic advantage, which makes it a valuable long-term investment for alcohol brand owners.
