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International class of registered trademarks – Classes 32 and 33 – Light drinks – Wines and spirits

All products or services are classified in International Classes (hereinafter IC). Products run from IC classes 1-34, while services run from IC 35-45. Let’s take a closer look at a group of these trademark classes: classes 32 and 33.

What are International Classes 32 and 33 about?

These 2 classes represent the beverage classifications for commercial brands. Class 32 is light drinks and has around 186 possible descriptions; class 33 is for wines and spirits and has about 130 possible descriptions.

Almost all non-alcoholic beverages are in IC 32, except beer, which is in IC 32. This class includes waters, juices, soft drinks, as well as syrups and essences used in the production of non-alcoholic beverages.

IC 33 is going to be any type of liquor, wine or brandy. Syrups and essences that are used in the production of alcoholic beverages are also included.

Geographical indications for wines and spirits

Wines and Spirits get a special little section of their own in the Trademark Examination Procedures Manual and it’s all about location, location, and location. When a geographic name is used as part of a name for wine or spirits, the USPTO has all kinds of things to say about it. Let’s break it down by what they say and what that means:

Geographical indications used in wines and spirits that do not originate in the indicated place

“Geographical indications” are defined … as “indications that identify a good as originating in the territory of a Member, or a region or locality in that territory, where a certain quality, reputation or other characteristic of the good is essentially attributable to its geographical origin “. … The search of dark areas or those that do not have reputations or other characteristics generally associated with wines or spirits should not be prohibited.

Clear as a bell, huh? Basically this means that the USPTO will reject a trademark containing a place name if (1) the place is known for that particular good (e.g. Champagne, France as cited in the denial against Champagne from Spain AND (2) their products do not originate from that place, as in the example of champagne.

There is an exception and it is for dark areas or for areas that do not necessarily have a reputation for wine or spirits, such as Tropical Liqueurs of Florida.

Geographical indications used on wines and spirits originating from the designated place

This is a bit easier to understand. Here’s what the USPTO says:

“If the wines or spirits originate from the identified location, and the primary meaning of the mark is a generally known geographical location, the examining attorney must presume the required property / place association and reject the mark under ยง2 (e) (2) as geographically descriptive, or require disclaimer of the geographic term, as appropriate. “

These are wines or spirits that originate from a known geographical location and the above has a double explanation.

First, if the FULL mark is the name of the place, the USPTO will reject it on the grounds that it is descriptive, as they did with Shampagne. As you can see in this case, even an alternate spelling doesn’t miss descriptive rejection.

Second, if a PORTION of the mark is the place name, the USTPO will require a disclaimer of that part, as they did with Bialla Napa Valley.

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