Trademark classes are categories used to organise different goods and services for trademark registration.
Classes 32 and 33 are particularly relevant to the beverage industry. Class 32 generally covers beers, including non-alcoholic beers, mineral and aerated waters, non-alcoholic beverages, fruit drinks and fruit juices. Class 33 generally covers wines, spirits, liqueurs and other alcoholic beverages, excluding beers, as well as alcoholic preparations for making beverages.
Previously, Class 33 was unavailable for trademark registration in the UAE. Consequently, international beverage companies faced difficulties maintaining consistent trademark portfolios across different jurisdictions. Businesses had to consider alternative filing strategies without necessarily obtaining equivalent protection for their alcoholic beverage brands in the UAE.
The UAE Ministry of Economy and Tourism (MOET) has recently opened Class 33 for trademark applications. This is a significant development for businesses engaged in the production, distribution and sale of alcoholic beverages. In a related development, alcoholic beers can now be included in trademark specifications under Class 32, expanding the scope of protection available for beer brands.
What does this mean for brand owners?
The opening of Class 33 provides brand owners with an opportunity to obtain direct trademark protection in the UAE for alcoholic beverages. Businesses with existing international trademark registrations in Class 33 can now review their portfolios and consider extending their protection to the UAE.
What should businesses consider?
Brand owners should review their existing trademark portfolios to identify marks registered in Class 33 in other jurisdictions but not yet protected in the UAE. They should also assess whether their existing or planned business activities involve goods falling within Classes 32 and 33.
Conducting trademark clearance searches before filing can help identify potentially conflicting registrations. Businesses should also consider filing applications at an early stage to establish priority and reduce the risk of similar marks being registered by competitors.
Conclusion
The opening of Class 33 marks an important development in UAE trademark registration practice and provides brand owners with a new opportunity to strengthen their intellectual property protection. Businesses operating in or planning to enter the UAE beverage market should review their existing trademark portfolios and consider appropriate filing strategies to protect their brands.
We at Ayesha Aldhaheri Advocates & Legal Consultants, we assist businesses with trademark registration and intellectual property protection in the UAE.