Introduction to Trademark 33
Trademark Class 33 represents the world of refined taste and celebration, encompassing a wide variety of alcoholic beverages, from wines to distilled spirits. It reflects the artistry involved in crafting beverages that delight the senses and enhance moments of joy and togetherness. From the rich flavors of fine wines to the complex tastes of aged spirits, it showcases the elegance of taste and the long-standing tradition behind these drinks.
This class covers a variety of drinks such as Alcoholic beverages, except beers; alcoholic preparations for making beverages. It mainly includes alcoholic beverages, essences, and extracts.
Let us discuss the products covered under Trademark Class 33 briefly:
a. Wines: This covers an array of wines, including red, white, and rosé, each with its unique flavor profile and origin.
Example: Sula Vineyards is a leading Indian wine producer in India known for wines like Sula Rasa and Sula Sauvignon Blanc.
b. Champagnes and Sparkling Wines: This includes fizzy drinks that make special occasions more festive.
Example: Dom Pérignon Champagne is a top Indian champagne created by Dom Pierre Perignon, available in Chardonnay and Pinot Noir, and known for its unique blend of flavors and creamy texture.
c. Whiskies and Whiskeys: This includes various types of whiskies, each with unique production methods and regional traits.
Example: McDowell’s No. 1 is a well-known Indian brand offering a range of spirits, including whiskey. It is recognized for its popular whiskey variants and other alcoholic beverages.
d. Rums and Brandies: This includes spirits such as rums and brandies, which are enjoyed as sipping drinks or used in cocktails.
Example: Old Monk is a popular Indian rum brand known for its smooth flavor and rich taste.
Example: Paul John Brandy is a high-quality Indian brandy known for its smooth and refined taste.
e. Liqueurs and Aperitifs: This includes liqueurs and aperitifs, which are flavored spirits that add sweetness and are enjoyed before or after meals.
Example: Grand Marnier is a renowned French liqueur made from a blend of cognac and bitter orange. It’s known for its rich, citrusy flavor and is often used in cocktails or enjoyed on its own.
Inclusions and Exclusions under Trademark Class 33
Trademark Class 33 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.
Specific Inclusions in Trademark Class 33:
✔ Wines, fortified wines
✔ Alcoholic cider, perry
✔ Spirits, liqueurs
✔ Alcoholic essences, alcoholic fruit extracts, and bitters.
Specific Exclusions in Trademark Class 33:
✘ Medicinal beverages (Class 5)
✘ De-alcoholised beverages (Class 32)
✘ Beers (Class 32)
✘ Non-alcoholic mixers used to make alcoholic beverages, for example, soft drinks, and soda water (Class 32).
Steps involved in registering Trademark under Class 33
Initial Trademark Search for Trademark Class 33
Before starting with the registration process under Trademark Class 33, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 33. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).
Prepare and Draft the Trademark Application for Trademark Class 33
For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:
- A clear representation of the trademark
- Details of the applicant, including name, address, and nationality
- Description of goods or services associated with the trademark
- Date of first use (if applicable)
- Power of Attorney (if filed through an attorney)
- Digital Signature of the Applicant
The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.
Submit the Application for Trademark Class 33
The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation.
Examination by the Trademarks Registry
The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.
Publication in the Trademarks Journal
If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).
Objection and Opposition Period
During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.
Registration Certificate of Trademark Class 33
If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 33. This certificate confirms your exclusive rights to the mark within Trademark Class 33.
Detailed List of goods classified under Trademark Class 33
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Conclusion on Trademark Class 33
Trademark Class 33 covers alcoholic beverages (except beers), including wines, spirits (such as whiskey, vodka, and rum), liqueurs, cider, alcoholic cocktails, and pre-mixed alcoholic drinks. As culinary arts and spirits continue to advance, proper classification and trademark protection under Class 33 is vital for establishing brand recognition, reliability, and customer trust.
For businesses operating in the wines and spirits sector, securing a trademark in Class 33 is essential to distinguish themselves in a competitive market and showcase the brand’s commitment to craftsmanship, quality, and the art of enjoyment. To explore other trademark classes, refer to the ” Trademark Class List 1 to 45 ” Ensure your trademark is protected with expert assistance from Registration Arena.
Contact us today to start the Trademark Registration process in India smoothly and efficiently.