This article will cover international trademark class 32 protections. Trademark class 32 protects various beverages.
Applying for a trademark with the United States Patent and Trademark Office (USPTO) is a great way to protect your growing business. When you apply, you will need to know what international trademark class best suits your business.
What Is a Trademark?
A trademark is a symbol, image, slogan, logo, etc. that establishes you as the original source of your good or service. You can think of your trademark as a branding tool to help you set your good or service apart from your competition.
Registered trademarks are represented by the ® symbol.
In order to register a trademark, you will need to fill out an application with the USPTO. Registering a mark is a good idea as you begin to grow your business. Especially if you plan to expand into e-commerce, registering is a good way to protect your brand and your reputation.
If you are the victim of trademark infringement, registered mark protections allow you bring legal action against the other party in both state and federal court. The best way to avoid infringement is to consult the Trademark Electronic Search System (TESS) to view current and lapsed marks in relevant industries.
International Trademark Classes
Registering a Class 32 Trademark
When you register a trademark with the USPTO, you gain protection from other companies in the same industry. If you feel that someone is infringing on your trademark rights, you will have to prove that there has been a likelihood of confusion. In order for there to be confusion that qualifies as infringement, there has to be the potential for your consumer to confuse your product with another product in your industry because of trademark similarity.
During the registration process, you will need to determine what class best suits your business. If you think that trademark class 32 fits your business but you aren’t sure, or you feel that your range of products might require registration in more than one class, consider contacting an attorney for help. The application process can be difficult, and consulting with a professional can better your chances of approval from the USPTO.
What Is a Class 32 Trademark?
This class protects a broad range of non-alcoholic and low-alcohol content beverages. Generally, this class covers different waters, beers, fruit and vegetable juices, soft drinks, and other miscellaneous beverages.
Different types of water are in this class. These variations include: preparations for making aerated water, aerated water, lithia water, mineral water, seltzer water, table waters, and soda water.
Although most alcoholic beverages are excluded from this class, beer and related products are the exceptions. These items include: barley wine, beer, beer wort, malt beer, and malt wort.
Juices and Other Fruit and Vegetable-Based Beverages
Fruit and vegetable juices are also in this class. The juices in class 32 include: non-alcoholic cider, fruit juice, non-alcoholic fruit nectars, unfermented grape must, lemonades, must, non-alcoholic fruit extract and juice, tomato juice, vegetable juices, smoothies, and sorbets.
Trademark class 32 broadly includes soft drinks. The soft drinks and related beverages in this class include: energy drinks, ginger beer, ginger ale, sarsaparilla, and other soft drinks.
This class broadly covers many different beverages. Some miscellaneous beverage included in class 32 are: non-alcoholic aloe vera drinks, non-alcoholic aperitifs, preparations for making beverages, non-alcoholic cocktails, essences for making beverages, isotonic beverages, non-alcoholic kvass, preparations for making liqueurs, non-alcoholic honey-based beverages, non-alcoholic beverages with tea or coffee flavoring, orgeat, pastilles and powders for effervescing beverages, protein enriched sports beverages, rice-based beverages that are not milk substitutes, whey beverages, syrups for lemonade and other beverages, soy-based beverages that are not milk substitutes, and sherbets.
Note that class 33, which protects wine and spirits, does not include beer. Although beer is an alcoholic beverage and seems like it could be in the same class as wine and spirits, the WIPO classifies it instead with other non-alcoholic beverages.
What Is Not Covered Under Trademark Class 32?
There are a few items that the World Intellectual Property Organization (WIPO) notes do not fall under class 32. These items include:
- Beverages for medical purposes (Cl. 5)
- Milk beverages (Cl. 29)
- Beverages with a coffee, cocoa, chocolate, or tea base (Cl. 30)
Registering a trademark is a great way to protect your business, especially as you begin to expand. Trademarks are an important part of creating a brand and building a consumer base that recognizes and is loyal to your products or services. When you apply, you will list the international trademark class that best suits your business. If you produce any number of non-alcoholic beverages or beer related products, trademark class 32 might be the right class for your application.
Remember to consult an attorney if you have additional questions about registering or the application process.