Trademark Class 33: Wines and Spirits
Alcoholic beverages, except beer; alcoholic preparations for making beverages.
What Class 33 covers in practice.
Class 33 covers alcoholic drinks other than beer, and the alcoholic preparations used to make them. That includes whisky, rum, vodka, gin, brandy and other spirits; wine and fortified wine; alcoholic cider and perry; liqueurs and bitters; arrack and sugarcane-based alcoholic drinks; pre-mixed drinks that are not beer-based; alcoholic seltzers; and alcoholic essences and fruit extracts.
The explanatory note keeps beer and de-alcoholised drinks in Class 32, along with soft drinks and soda water used as mixers. Medicinal beverages are Class 5, which matters for Ayurvedic preparations sold as medicines. Bar and pub services are Class 43, not Class 33. Indian filers include distillers and bottlers of Indian-made liquor, wineries in Nashik and elsewhere, craft spirit start-ups and contract bottling units. A Class 33 registration does not replace the State excise licences needed to make or sell liquor.
Not in Class 33
Goods and services often confused with this class, and the class they actually belong to.
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Beer and beer-based cocktails Class 32 ↗
The Class 33 heading covers alcoholic beverages except beers, and Nice keeps beer and beer-based cocktails in Class 32.
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Non-alcoholic wine and zero-alcohol spirits Class 32 ↗
The note sends de-alcoholised beverages to Class 32, which covers non-alcoholic beverages generally.
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Soda water, tonic and other mixers Class 32 ↗
The note sends non-alcoholic mixers used to make alcoholic drinks, such as soft drinks and soda water, to Class 32.
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Ayurvedic asavas, arishtas and medicinal drinks Class 5 ↗
The note excludes medicinal beverages, so tonics sold as medicines go to Class 5 even if they contain alcohol.
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Liqueur chocolates Class 30 ↗
Chocolates filled with liqueur are confectionery, and Nice lists liqueur chocolates in Class 30.
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Ethyl alcohol for industrial use Class 1 ↗
Nice lists ethyl alcohol and alcohol for industrial purposes in Class 1; Class 33 is for alcoholic beverages and preparations for making them.
What actually falls under Class 33.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 33 people actually search for.
Alcoholic cider and perry
Non-alcoholic cider is Class 32.
Alcoholic essences and fruit extracts
Non-alcoholic essences for making beverages are Class 32.
Alcoholic seltzers
Seltzer water without alcohol is Class 32.
Arrack (arak)
Bitters and aperitifs
Non-alcoholic aperitifs are Class 32.
Brandy and liqueurs
Gin and vodka
Grain-based distilled alcoholic beverages
Ethyl alcohol sold for industrial use is Class 1.
Pre-mixed alcoholic beverages (not beer-based)
Beer-based ready-to-drink mixes and beer-based cocktails are Class 32.
Sugarcane-based alcoholic beverages
Whisky / rum / liquor
Wine and spirits
Which class is my product or service in?
Straight answers for the specific items people search for under Class 33.
Beer is Class 32, even though it is alcoholic. Nice keeps beer, barley wine [beer], non-alcoholic beer and beer-based cocktails in Class 32, while Class 33 covers every other alcoholic drink. A brewery that also makes whisky, gin or wine needs both classes. Pre-mixed alcoholic drinks are Class 33 only when they are not beer-based.
No. The Class 33 note excludes de-alcoholised beverages, which are Class 32 along with non-alcoholic aperitifs and non-alcoholic cocktails. If a brand launches a zero-alcohol version beside its regular spirit or wine, it needs Class 32 for the zero-alcohol product and Class 33 for the alcoholic one.
No, not when they are sold as medicines. Asavas and arishtas are Ayurvedic preparations in which alcohol forms during fermentation, and the Class 33 note excludes medicinal beverages, which belong in Class 5 alongside medicinal drinks and tonics [medicines]. Class 33 is for alcoholic drinks consumed as beverages. A company making both Ayurvedic tonics and liquor would file the tonics in Class 5 and the liquor in Class 33.
Yes, if you want to protect the service. Class 33 covers the drinks as goods. Bar services are Class 43, and retail store services offering a range of beverages, including other brands, are Class 35. A trademark registration in any of these classes is separate from, and does not replace, the State excise licences needed to make, store or sell liquor.
Yes. Indian trademark law allows a single application to cover several classes, with the official fee payable for each class. Whisky goes in Class 33, while soda water, mineral water and packaged drinking water go in Class 32, because the Class 33 note sends non-alcoholic mixers to Class 32. Describe the goods in each class specifically rather than relying on the class heading.
Alcoholic beverages, except beer; alcoholic preparations for making beverages.
Common examples include: Alcoholic cider and perry, Alcoholic essences and fruit extracts, Alcoholic seltzers, Arrack (arak), Bitters and aperitifs, Brandy and liqueurs, Gin and vodka, Grain-based distilled alcoholic beverages.
Alcoholic cider and perry falls under Trademark Class 33 — Wines and Spirits. Non-alcoholic cider is Class 32.
Alcoholic essences and fruit extracts falls under Trademark Class 33 — Wines and Spirits. Non-alcoholic essences for making beverages are Class 32.
Alcoholic seltzers falls under Trademark Class 33 — Wines and Spirits. Seltzer water without alcohol is Class 32.
Arrack (arak) falls under Trademark Class 33 — Wines and Spirits.
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