All goods or services are classified within the International Classes (IC hereinafter). Goods range from classes IC 1-34, while services are in IC 35-45. Let’s take a closer look at one 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 trademarks. class 32 are light drinks and have about 186 possible descriptions; class 33 is wines and spirits and has about 130 possible descriptions.

Almost all non-alcoholic beverages are included in IC 32, except for beer, which is included in IC 32. This class includes water, juices, soft drinks, as well as syrups and essences used to prepare non-alcoholic beverages.

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

Geographical Indications of Wines and Spirits

Wines and spirits have their own small special section in the Trademark Examination Procedure Manual and it is all about location, location, location. When a geographic name is used as part of a wine or spirit name, the USPTO has all sorts 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 Designated Place

“Geographical indications” are defined… as “indications that identify a good as originating in the territory of a Member, or in 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. … Dark areas or those that do not have a reputation or other characteristics generally associated with wines or spirits should not be prohibited from registration.

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

There is one exception and that is for dark areas or for areas that don’t necessarily have a reputation for wine or spirits, like Tropical Liqueurs of Florida.

Geographical Indications Used in Wines and Spirits Originating in the Designated Place

This one is a bit easier to understand. This is what the USPTO says:

“If the wines or spirits originate from the identified place, 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 §2( e)(2) ) ) as geographically descriptive, or demand the exemption of responsibility of the geographical term, as appropriate”.

These are wines or spirits that do originate in a known geographical place and the above has a double explanation.

First, if the ENTIRE mark is a place name, the USPTO will reject it on the grounds that it is descriptive, like they did with Shampagne. As you can see in this case, even an alternative spelling does not bypass descriptive rejection.

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