If you are in the business of wines, distilled spirits, and liquor and you want a trademark, you need to know about trademark class 33. Trademark class 33 protects alcohol brands.
By Michael Kondoudis, Small Business Trademark Attorney
This is our COMPLETE guide to Trademark Class 33. This comprehensive guide:
- discusses trademarking liquor
- explains what Trademark Class 33 is and what it covers,
- illustrates which types of products are included in Trademark Class 33, and
- shows how to register a trademark in Class 33.
Whether you’re new to trademarks or an experienced hand, if you need to know about trademark class 33, this guide is for you.
Let’s get started!
I. All About Trademarking Liquor
Can You Trademark Liquor?
Yes, you can trademark liquor. Alcoholic beverages can be trademarked. This includes the names and logos used to brand distilled spirits and liquors such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products. Beer can also be trademarked.
Why Trademark Liquor?
Trademarking liquor allows producers and distributors to have exclusive rights over their brands, including brand names, logos, and designs. This legal protection prevents competitors from using confusingly similar names, packaging, or logos and helps to establish brand recognition and customer loyalty. Additionally, trademarking liquor allows companies to prevent counterfeit products from entering the market, protecting consumers from potentially harmful or lower-quality products. Ultimately, trademarking liquor provides brand protection, loyalty, and consistency in a highly competitive marketplace.
Where Do You Trademark Liquor?
You can trademark liquor by filing a trademark application with the United States Patent and Trademark Office (USPTO). The application process typically involves identifying the specific products or services that you wish to trademark, selecting the appropriate trademark class or classes, and providing evidence of your use of the mark in commerce.
How to Trademark Liquor
The process of filing a Class 33 trademark application involves submitting the necessary paperwork and information to the appropriate body, such as the U.S. Patent and Trademark Office (USPTO). The application must include an accurate description of the goods or services associated with the mark, as well as the correct classification number for Class 33. Additionally, certain fees may be required in order to complete the registration process. Once all of this information is submitted, it will typically be reviewed by an analyst in order to determine if the application meets all necessary requirements before being approved or denied.
II. All About Trademark Class 33
What is a Trademark Class?
The United States Patent and Trademark Office’s (USPTO) uses a classification system to categorize the product and service that can be listed in a trademark application. This classification system allows for efficient and organized categorization of trademarks, making it easier for the registration process and also making it easier to search for prior existing trademarks in the same class. The USPTO’s classification system comprises 45 separate classes, with 34 of the classes containing goods and the remaining 11 classes being for services.
Each trademark class is for a specific type of product or service, and a trademark owner must identify the class or classes in which they want to register their trademark. For example, Class 25 includes clothing and other items related to apparel, while Class 5 includes pharmaceuticals.
What is Trademark Class 33?
Trademark class 33 is the USPTO class for most alcoholic beverages, including distilled spirits and and liquor. Trademark Class 33 includes alcoholic beverages like wine, whiskey, tequila, champagne, but not beer. Beers are classified in Trademark Class 32.
Trademark class 33 is one of the 45 classes that the United States Patent and Trademark Office (USPTO) uses to categorize the products and services that can be listed in a trademark application.
Trademark class 33 is among the most popular and frequently used trademark classes.
What Does Trademark Class 33 Cover?
Trademark Class 35 covers distilled spirits, liquors, and alcoholic beverages like wine, rum, whiskey, and hard ciders. Most products associated with alcoholic drinks are covered by Trademark Class 33, except beers.
Who Uses Trademark Class 33?
Trademark class 33 is used by companies that produce and market distilled spirits and liquor, including whiskey, vodka, gin, rum, tequila, brandy, and other spirits. It is also used by companies that produce wine, champagne, and other similar products that contain alcohol. This includes both large international companies and smaller craft producers.
By registering their trademarks under class 33, these companies are able to protect their brands and products from competitors seeking to use similar marks in the marketplace.
Some examples of companies that use Trademark Class 33 include Jack Daniel’s, Bacardi, Jose Cuervo, and Hennessy.
What is Included in Trademark Class 33?
This trademark class includes a variety of alcoholic drinks, distilled spirits, and liquors. Trademark Class 33 includes distilled spirits, premixed alcoholic beverages, wine, and hard ciders.
Trademark class 35 is an important trademark class in the United States.
What are Examples of Trademark Class 33 Products?
Examples of trademark class 33 products are distilled spirits like whiskey, rum, bourbon, and vodka, along with wine and champagne.
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Top 10 Examples of Trademark Class 35 Services
- Wines
- Hard Ciders
- Gins
- Vodkas
- Bourbons
- Whiskeys
- Brandies
- Cocktail mixes
- Tequilas
- Rums
III. All About Class 33 Trademarks
What is a Class 33 Trademark?
A class 33 trademark is a trademark for an alcoholic beverage that falls into the United States Patent and Trademark Office’s (USPTO) class 33, which is the trademark class for alcoholic beverages, including distilled spirits, wines, and champagne.
What is a Class 33 Trademark Used For?
Class 33 trademark is used to protect the brand names of alcoholic beverages, except for beers. These may include distilled spirits and liquor such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products, as well as wine, champagne, and other alcohol-containing beverages. By registering a trademark under class 33, companies are able to establish their exclusive rights to use the trademark in the marketplace, and protect themselves against potential trademark infringement. This can help companies establish and maintain their brand recognition, and prevent competitors from taking advantage of their established customer base.
Upon successful registration, the owner is provided with various legal rights, such as being able to initiate lawsuits against anyone who infringes on the trademark. By registering their trademarks under class 33, these companies are able to protect their brands and products from competitors seeking to use similar marks in the marketplace.
What Does a Class 33 Trademark Cover?
A class 33 trademark covers various alcoholic beverages except for beers. It includes distilled spirits and liquors such as whiskey, vodka, gin, rum, tequila, brandy, and other similar products. It also covers wine, champagne, and other similar products that contain alcohol. By registering a trademark under class 33, companies can protect their products and brands from being unlawfully copied or imitated in the market.
Registering a class 35 trademark is essential for service providers looking to safeguard their rights in their respective lines of business.
What are the Benefits of a Class 33 Trademark?
A class 33 trademark ensures protection services that are exclusive to the owner. By registering in this trademark class, businesses can secure their name and identity while being able to prevent others from infringing upon it. Companies also gain legal protection overall commercial activities related to their brand, allowing them to keep their intellectual property safe. In addition, registering a class 33 trademark allows businesses to benefit from all the possible advantages of owning a trademark: increased recognition and protection against competitors who might seek financial gain from an existing product or service without prior authorization.
How to Get a Class 33 Trademark
These are the general steps to trademark liquor:
Search for existing trademarks: Before registering a trademark for liquor, it’s important to ensure that the mark is not already being used by another company for similar products. Conduct a search on the USPTO database, or hire a trademark attorney to conduct a comprehensive search.
Choose an appropriate trademark class: Liquor products fall under trademark class 33, which covers alcoholic beverages except beers.
Submit a trademark application: File an application through the USPTO website.
Respond to any office actions: The USPTO may issue an office action if they require additional information or clarification about your application.
Wait for trademark registration: Once your application is approved, your trademark will be published in the Official Gazette for opposition. If no one opposes the registration, your trademark should be officially registered within the next few months.
Beware: Trademarking liquor can be a complex process!
How Do I Apply for a Class 33 Trademark?
To apply for a class 33 trademark, you must file an application with the United States Patent and Trademark Office (USPTO). The USPTO will review your application to determine if it meets the necessary requirements for registration. The most important requirement is that your mark must be distinctive enough to distinguish your product or service from similar products or services on the market. Once the USPTO approves your application, your trademark will be registered in the official USPTO database.
Top 10 Examples of Class 33 Trademarks
- Jack Daniel’s – whiskey
- Bacardi – rum
- Jose Cuervo – tequila
- Grey Goose – vodka
- Martell – brandy
- Johnnie Walker – whiskey
- Hennessy – cognac
- Moet & Chandon – champagne
- Chivas Regal – scotch whiskey
- Kendall-Jackson – wine
- Captain Morgan – rum
- Belvedere – vodka
- Bombay Sapphire – gin
- Cristal – champagne
- Patron – tequila.
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).