Trademark Class 33 in India: Alcoholic Beverages & Spirits

Trademark Class 33 covers alcoholic beverages such as whisky, vodka, rum, brandy, gin, wine, liqueurs, and other distilled spirits, excluding beer. These products are widely sold through liquor retail stores, bars, restaurants, hotels, clubs, and duty-free outlets. They serve both mass-market consumers and premium lifestyle segments.

India’s alcoholic beverages market is highly competitive and strictly regulated. Trademark registration protects your brand identity amidst competitors and strengthens credibility with distributors, retailers, and end consumers. It also supports business expansion across states, subject to applicable excise and licensing laws.

Leading global and Indian liquor brands, such as Johnnie Walker, Smirnoff, Royal Stag, and Sula Vineyards, register their product brands under Trademark Class 33. 

This guide provides a detailed overview of how Trademark Class 33 protects your brand. 

What is Trademark Class 33 in India?

Trademark Class 33 is a goods category under the Nice Classification. It is:

• Administered internationally by the World Intellectual Property Organization (WIPO)
  
• Applicable to alcoholic beverages such as whisky, vodka, rum, brandy, gin, wine, liqueurs, and other distilled spirits, excluding beer
  
• Used for products intended for consumption, hospitality, retail, and lifestyle markets
  
• Regulated in India under the Trade Marks Act, 1999
  
• Enforced by the Indian Trademark Registry based on the nature and intended use of the goods.

This classification ensures that alcoholic beverage brands receive protection under the correct trademark category.

The Trademark Registry evaluates Class 33 applications based on the nature and intended use of the alcoholic products. It does not consider factors such as alcohol strength, bottle size, or packaging style. This approach ensures a clear distinction between alcoholic beverages and related products covered under different trademark classes.

Trademark registration under Class 33 is important because it:

• Prevents imitation and counterfeiting of alcoholic beverage brands
  
• Builds trust with distributors, retailers, hospitality businesses, and consumers
  
• Confirms legal ownership and strengthens enforcement rights
  
• Controls unauthorized use and limits brand misuse
  
• Enables secure licensing, distribution, and interstate market expansion (subject to applicable excise laws)
  
• Creates a valuable, long-term brand asset

Note: Registration under Class 33 does not grant permission to manufacture, sell, distribute, or advertise alcoholic beverages in India. Businesses must still comply with state excise laws and licensing requirements.

Who Should Register Under Trademark Class 33?

You should protect your business with registration under Class 33 if your brand or business falls into the following categories:

• Distilled spirit manufacturers: Protect brand names used for whisky, vodka, rum, gin, brandy, and other distilled alcoholic beverages.
  
• Wine producers and vineyards: Secure trademarks for red, white, sparkling, fortified, and fruit wines sold under a distinct brand name.
  
• Liquor and liqueur manufacturers: Safeguard brands for flavored spirits, liqueurs, cordials, and ready-to-serve alcoholic beverages (excluding beer).
  
• Premium and craft alcohol brands: Register trademarks for boutique, artisanal, small-batch, and luxury alcoholic beverages.
  
• Importers and exporters of alcoholic beverages: Protect trademarks for international liquor and wine brands imported into or exported from India.
  
• Private label alcohol producers: Secure trademarks for alcoholic beverages manufactured for hotels, retail chains, duty-free outlets, or exclusive brand collaborations.
  
• Alcoholic beverage marketers and brand licensors: Register trademarks for licensing, franchising, co-branding, and brand extension of spirits and wine labels.
  
• Suppliers and distributors of alcoholic beverages: Protect trademarks used in the distribution and promotion of spirits, wines, and liqueurs to retailers, bars, restaurants, clubs, and hospitality businesses.
  
• Duty-free and travel retail alcohol brands: Register trademarks for alcoholic beverages sold through airport duty-free and travel retail channels.

Leading global and Indian alcoholic beverage companies, such as Pernod Ricard, Radico Khaitan, and Sula Vineyards, register their brands under Trademark Class 33. They protect products including whisky, vodka, rum, gin, wine, liqueurs, and other distilled alcoholic beverages.

What are the Goods Covered Under Trademark Class 33?

Trademark Class 33 covers alcoholic beverages intended for human consumption, excluding beer. These goods are commonly sold through liquor retail stores, bars, restaurants, hotels, clubs, duty-free outlets, and hospitality channels.

The table below highlights the key categories and examples of goods covered under Trademark Class 33 in India:

Category	Examples of Goods Covered
Distilled Spirits	Whisky, vodka, rum, gin, brandy, tequila, absinthe, and other distilled alcoholic beverages
Wines	Red wine, white wine, rosé wine, sparkling wine, fortified wine, dessert wine, fruit wine
Aromatized Wines	Beverage bitters are used in cocktails and mixed drinks
Liqueurs & Cordials	Herbal liqueurs, cream liqueurs, fruit liqueurs, coffee liqueurs, cordials
Alcoholic Bitters	Alcoholic beverages are sold through airport duty-free and travel retail outlets
Ready-to-Serve Alcoholic Beverages	Pre-mixed alcoholic drinks, bottled cocktails, flavored spirits (excluding beer-based drinks)
Premium & Craft Alcoholic Beverages	Small-batch spirits, artisanal liquors, boutique wines, luxury alcoholic beverages
Traditional & Regional Alcoholic Drinks	Region-specific distilled alcoholic beverages and specialty spirits (as permitted under law)
Imported Alcoholic Beverages	Imported whisky, wine, vodka, rum, gin, brandy, and international liqueur brands
Duty-Free & Travel Retail Alcohol Products	Alcoholic beverages sold through airport duty-free and travel retail outlets
Private Label Alcoholic Beverages	Alcoholic products manufactured for hotels, retail chains, hospitality brands, or exclusive collaborations
Alcoholic Essences & Extracts	Alcohol-based flavoring essences and extracts for beverages (non-medicinal)
Alcoholic Beverage Concentrates	Alcohol-based drink concentrates intended for dilution and consumption
Suppliers & Distributors of Alcoholic Beverages	Businesses supplying spirits, wines, and liqueurs to retailers, bars, restaurants, hotels, clubs, and hospitality businesses

Note: Trademark Class 33 covers alcoholic beverages for human consumption, excluding beer and malt-based drinks (Class 32). Non-alcoholic, medicinal, and industrial alcohol fall under other classes. 

Which Products are Excluded from Trademark Class 33?

Some related products are classified under other trademark classes and are not covered under Trademark Class 33. These include:

• Beer and malt-based beverages: Beer, ale, stout, porter, cider, and other malt beverages fall under Trademark Class 32.
  
• Non-alcoholic beverages: Soft drinks, fruit juices, energy drinks, mineral water, soda, alcohol-free beer, and mocktail mixers are registered under Class 32.
  
• Medicinal and therapeutic alcohol: Alcohol-based tonics, medicinal wines, herbal medicinal preparations, and therapeutic alcohol fall under Class 5.
  
• Industrial and chemical alcohol: Ethanol, methanol, denatured alcohol, and alcohol used for industrial, laboratory, or chemical purposes fall under Class 1.
  
• Alcohol-based cosmetics and personal care products: Perfumes, deodorants, aftershaves, colognes, and cosmetic sprays containing alcohol fall under Class 3.
  
• Food products containing alcohol: Chocolates, desserts, bakery products, sauces, or confectionery containing alcohol are classified under Class 30 or the relevant food class.
  
• Alcoholic flavorings for cooking (non-beverage use): Alcohol-based flavoring extracts and essences used for cooking or baking (not beverages) fall under Class 30.

Tip: Use RegisterKaro’s Trademark Class Finder to correctly classify your alcoholic beverage products. Accurate classification reduces objections, prevents rejection, and ensures smoother trademark registration.

How to Register a Trademark Under Class 33 in India?

Registering your brand under Trademark Class 33 follows a clear, step-by-step process. You can file as “proposed to be used” if your alcoholic beverages are not yet launched, or choose “already in use” if they are already available in the market.

Follow these steps for a smooth Class 33 trademark registration in India:

1. Conduct a Trademark Search

Check whether your brand name, logo, or alcoholic beverage product already exists under Class 33. This helps avoid conflicts, objections, or rejection later.

• Use the official IP India trademark database or seek professional help for a detailed search.

Tip: Use RegisterKaro’s trademark availability check tool to quickly verify availability for whisky, vodka, rum, gin, wine, liqueurs, and other spirits.

2. Select the Right Goods Description

• Clearly list all alcoholic beverages you want to protect, such as liqueurs, wines, ready-to-serve cocktails, and specialty spirits.
• Accurate descriptions reduce objections and strengthen legal protection.

3. File the Trademark Application (Form TM-A)

• Apply online through the IP India Trademark Portal or offline at the Trademark Registry.
• Include your brand name, logo (if any), detailed product descriptions, and applicant details.

Pay the applicable filing fee, usually ₹4,500 for individuals/startups and ₹9,000 for companies.

4. Examination by the Trademark Office

• The Trademark Registrar examines your application for errors, similarities, or legal issues.
• If required, the Office issues an Examination Report requesting clarification or corrections.
• Respond within the timeline to avoid delays.

5. Publication in the Trademark Journal

• Once the Trademark Office accepts your application, it publishes your trademark in the Trademark Journal.
• This allows the public to file objections, usually within four months.

6. Registration and Issuance of Certificate

• If no trademark opposition is filed, or all objections are resolved, your mark is registered.
• You receive a Trademark Registration Certificate, granting exclusive rights under Class 33.
• Use the ® symbol to show your trademark is registered.

The process usually takes 12–18 months.

A trademark is valid for 10 years, and trademark renewal can be done indefinitely to ensure continuous protection for your brand.

Most businesses prefer expert support to avoid mistakes and delays. RegisterKaro guides you through every step, from trademark search to certificate issuance. Secure your Class 33 trademark in India today and protect your alcoholic beverage brand with confidence. Contact us today!

Trademark Classes Related to Class 33: Multi-Class Filings

Alcoholic beverage brands often offer products that span more than one trademark class. Filing in related classes alongside Trademark Class 33 helps secure complete protection across all connected product categories.

The table below shows trademark classes that often overlap with Class 33:

Related Class	Goods / Services Covered	Why It Relates to Class 33
Class 32	Beer, ale, stout, porter, cider, malt beverages, non-alcoholic drinks	Beer and malt-based beverages fall under Class 32 rather than Class 33
Class 5	Medicinal alcohol, tonics, therapeutic alcoholic preparations, and alcoholic extracts for medicinal use	Alcoholic products intended for medicinal or therapeutic purposes are classified here
Class 3	Alcohol-based cosmetics and personal care products	Perfumes, aftershaves, deodorants, and cosmetic sprays containing alcohol fall under Class 3
Class 30	Food and beverage products containing alcohol	Chocolates, desserts, baked goods, sauces, or beverages containing alcohol as an ingredient are registered under Class 30
Class 35	Wholesale, import, distribution, or retail services for alcoholic beverages	Services related to the supply, import, or marketing of spirits, wines, and liqueurs can be filed under Class 35
Class 43	Hospitality services, bars, restaurants, hotels, tasting rooms	Establishments serving alcoholic beverages may register under Class 43 for service protection

Filing trademarks in these related classes alongside Class 33 ensures that your brand is fully protected across all product and service categories.

For example, Diageo, a leading global alcoholic beverages company, registers:

• Whisky, vodka, and rum under Class 33
  
• Beer products under Class 32
  
• Wholesale and distribution services under Class 35

This strategy safeguards its brand identity across multiple product lines, prevents unauthorized use, and strengthens market recognition.

Common Mistakes When Filing Under Class 33 and How to Avoid Them

Filing a Trademark Class 33 application in India may seem straightforward, but mistakes can delay approval or weaken protection. Some of the most frequent mistakes include:

• Incorrect Classification: Ensure your products are correctly categorized under Class 33. This class includes alcoholic beverages such as whisky, vodka, rum, gin, brandy, wine, liqueurs, and other distilled spirits (excluding beer). Avoid confusing them with Class 32 (beer and malt beverages), Class 30 (food products containing alcohol), Class 3 (alcohol-based cosmetics), or Class 5 (medicinal alcohol).
• Imprecise Product Descriptions: Vague terms like “spirits” or “alcoholic drinks” can lead to objections. Use detailed descriptions such as “blended whisky,” “fruit-flavored liqueurs,” “sparkling wine,” “ready-to-serve bottled cocktails,” or “alcoholic flavorings for beverages intended for consumption.”
• Ignoring Multi-Class Filings: Many companies operate across different product ranges. Filing only in Class 33 may leave related products or services unprotected. Consider including related classes, like Class 32 for beer, Class 30 for alcohol-containing foods or desserts, Class 35 for wholesale or retail distribution, and Class 43 for hospitality services, to cover all relevant items.
• Weak or Generic Brand Names: Descriptive names such as “Best Whisky” or “Premium Vodka” are difficult to defend legally. Choose distinctive, unique, or coined names such as “Red Oak” or “Golden Spirit” to strengthen your trademark rights.
• Skipping a Trademark Search: Neglecting a prior search can result in conflicts or rejection. Always verify existing trademarks, including names, logos, and packaging designs, for alcoholic beverages before submitting your application.
• Overlooking Excise and Licensing Compliance: Trademark registration does not replace state excise approvals or liquor licenses. Businesses must comply with state-specific excise laws. Obtaining a trademark protects your brand, but you still need proper licenses to legally manufacture, sell, or distribute alcoholic beverages in India.

Avoiding these mistakes will help protect your alcoholic beverage brand in the long term. RegisterKaro supports you at every step of Trademark Class 33 registration in India, ensuring accurate filing, proper classification, and smooth approval. Fill the form to get started.

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