Trademark Class 33 is one of the 45 trademark classes that the United States Patent and Trademark Office (USPTO) uses to organize trademarks by industry.
Trademarks protect a company’s identifying logo, word or phrase so that no other company can use it.
When your business applies for a trademark, the USPTO will ask you to place your trademark in one of the 45 trademark classes.
In this article, we'll cover Trademark Class 33, which protects businesses that produce alcoholic beverages.
What Are Trademark Classes Used For?
The USPTO gets new trademark applications every day. Classifying the trademarks into different categories helps to organize literally thousands of trademarks.
The classes also help the USPTO to be able to approve more trademark names.
If two companies with the same name apply for a trademark, the USPTO can approve both trademarks if they are in different classes.
There is a class in existence for your product already – you just have to figure out which class it is.
When you apply for a trademark, the USPTO will ask you to fit your trademark into one of these existing classes.
If you don’t choose the correct class, your application may be rejected or you may not get the trademark protection your brand needs.
Trademark Class 33
Trademark Class 33 covers all alcoholic beverages except beer.
Some examples of this trademark class are Grey Goose Vodka, Jose Cuervo Tequila, Yellow Tail wine, and Grand Marnier liqueur.
Wine
All brands of alcoholic wine fall in Trademark Class 33.
This includes all red and white wines, sparkling wines, dessert wines, and fruit wines - like peach and blackberry wine.
Some of the most well-known wine trademarks are Barefoot, Sutter Home, Franzia, and Woodbridge.
Liquor
Rum, vodka, whiskey, tequila, gin, and brandy are all in this category. Rice alcohol and sake are in this class as well. All flavored liqueurs are here too, like peppermint and peach schnapps.
Alcoholic Ingredients for cocktails
Ingredients for mixed drinks are also in this class, as long as they also contain alcohol. Bitters, aperitifs, and alcoholic fruit extracts are in this group.
Pre-Mixed Alcoholic Beverages
Finally, ready-to-drink mixed alcoholic beverages are in Class 33 as well. Examples of this category are hard lemonades, wine coolers, and pre-mixed margaritas and sangria.
Related Products Not Included in Class 33
Beer is the most confusing product on the non-related list. Although it contains alcohol, beer is not included in Class 33.
Instead, the USPTO places all beer in Trademark Class 32 – which covers water and non-alcoholic beverages. Most non-alcoholic mixers also fall under Class 32.
Conclusion
Trademark Class 33 includes all alcoholic beverages, but not beer or non-alcoholic mixers. When you file for a trademark with the USPTO, you must be sure that your application is correct.
The USPTO will reject your application if you file under the wrong class.
You can file under more than one class (for example, if you sell liquor and non-alcoholic mixers), but you must pay a fee for each class.
