Class 33 Is Now Open for the Registration of Alcoholic Beverage Trademarks
The United Arab Emirates (UAE) Trademark Office has lifted the restrictions that for years prevented the registration of trademarks in Class 33, which covers alcoholic beverages. Effective immediately, trademark owners can directly file registration applications for alcoholic products, representing a significant change for companies in the wine and spirits industry.
Previously, Class 33 was not available for registration in the UAE. As an alternative, trademark owners in the sector primarily relied on Class 32, for non-alcoholic beverages, or Class 43, related to services provided by bars, restaurants, and similar establishments.
The opening of Class 33 now allows trademark protection strategies to align with the Nice Classification (NCL), providing a more direct avenue for the protection of alcoholic beverage trademarks.
This change follows the UAE’s accession to the Madrid Protocol and several efforts made with the Trademark Office to formally request the opening of Class 33. Although the transition to this policy took time, the acceptance of applications in this class is now a reality.
What does this mean for Trademark Owners?
- Direct Protection: Companies can apply to register their trademarks directly under Class 33 for alcoholic beverages.
- Portfolio Review: Existing registrations in Class 32 remain valid and may represent important prior rights. However, we recommend evaluating the filing of new applications in Class 33 for flagship trademarks or those of greater commercial significance.
- Beer: Beer remains associated with Class 32, although it can now be expressly identified as an alcoholic beverage within the corresponding protection.
- Trademark Protection vs. Regulation: Trademark registration protects the brand’s commercial identity, but it does not replace or eliminate the regulatory requirements, permits, or licenses necessary to import, distribute, or market alcoholic beverages in the UAE.
- Trademark Monitoring: Given the expected increase in application activity, particularly in Class 33, it is advisable to implement or strengthen monitoring services to detect potentially conflicting third-party applications.
A Particularly Significant Opportunity for the Tequila Industry
This change is of particular importance to Mexican Tequila and Spirits Producers seeking to expand and consolidate their commercial presence in the United Arab Emirates. The ability to directly protect their trademarks in Class 33 provides an additional tool to strengthen their Intellectual Property portfolios and support their expansion into a strategically important international market.
We can assist you in conducting a comprehensive review of your trademark portfolio and in designing a protection strategy for the United Arab Emirates. This includes analyzing existing registrations, identifying trademarks that could benefit from a new application in Class 33, and implementing monitoring services aimed at detecting potential infringements and effectively protecting your Intellectual Property Assets.
| Mariana González Sánchez | Partner
Intellectual Property +52 (33) 38171731 Ext. 222|mgonzalez@vahg.mx |
Martín Arias Cuevas | Associate
Intellectual Property +52 (33) 38171731 Ext. 236 | ariascuevas@vahg.mx |
**The publication of this document does not constitute legal, accounting or professional advice of any kind, nor is it intended to be applicable to particular cases. This document refers to laws applicable in Mexico.