What Is Nice Class 32?
Nice Class 32 is the trademark classification for beer and non-alcoholic beverages. It covers the entire soft-drink and brewing aisle: beer and ale, mineral and bottled water, sodas and carbonated drinks, fruit juices and juice drinks, energy and sports drinks, smoothies, and the concentrates, syrups, and powders used to prepare them. If a drink has no distilled spirit or fermented wine base, it almost certainly lives in Class 32.
The one detail that catches people out: beer is in Class 32, not Class 33. Historically, beer was grouped with non-alcoholic beverages because of its production and distribution patterns, while wine and distilled spirits were placed in Class 33. So a brewery files in Class 32, but a distillery or winery files in Class 33 — and a company that makes both needs both.
What Class 32 Covers
- Beer, ale, lager, stout, and other malt beverages
- Mineral water, spring water, sparkling water, and bottled water
- Soft drinks, sodas, colas, and carbonated beverages
- Fruit juices, vegetable juices, and fruit-based drinks
- Energy drinks, sports drinks, and isotonic beverages
- Non-alcoholic cocktails, mocktails, and "near beer"
- Syrups, concentrates, powders, and preparations for making beverages
What it excludes: wine, spirits, liqueurs, and fortified wines (all Class 33); coffee, tea, and cocoa-based drinks (Class 30); and dairy-based drinks like milkshakes (Class 29). A "coffee energy drink" can blur the Class 30/32 line, and a milk-based protein shake can blur Class 29/32 — when in doubt, brands file across the relevant classes.
Boundary note: Non-alcoholic beer and "0.0%" beverages stay in Class 32 alongside regular beer. But a non-alcoholic wine or spirit alternative is frequently filed in Class 33 to sit next to the products it competes with — the classification can follow the market category, not just the alcohol content.
Notable Brands in Class 32
- The Coca-Cola Company — one of the most valuable trademark portfolios in the world is anchored in Class 32, covering the Coca-Cola name, the contour bottle, and dozens of sub-brands
- PepsiCo — Pepsi, Mountain Dew, Gatorade, and Aquafina marks all live here
- Red Bull — the wordmark and the double-bull device, defended aggressively against any "bull" or "energy" lookalike
- Monster Energy — known for unusually broad and aggressive Class 32 enforcement, opposing a remarkable range of marks
- Anheuser-Busch — Budweiser and Bud Light beer marks, among the most litigated in beverage history
Why Beverage Marks Get Refused
Two issues dominate Class 32 refusals. The first is the universal one: descriptiveness. A name like "Pure Spring Water" or "Natural Energy" describes the product and will be refused. The second is specific to this class — extreme crowding, especially in craft beer. The explosion of breweries means thousands of beer names are already registered or in use, and new applications routinely collide with earlier marks under a likelihood-of-confusion analysis.
Craft beer naming has become so contested that breweries now run clearance searches before they even brew a batch, because a great beer name that infringes an existing mark is worthless. A proper search before launch is the single most valuable step you can take — the reasoning is spelled out in our guide on running a trademark search before launch.
Pairing Class 32 With Other Classes
- Class 32 + Class 33: a brewery that adds a hard seltzer made from a fermented malt base stays in 32, but one that launches a canned spirits cocktail needs Class 33 too. Our Class 33 guide covers the alcohol side.
- Class 32 + Class 35: protects the retail, distribution, or online-store side of the business.
- Class 32 + Class 43: a taproom or brewpub that serves drinks on premises adds Class 43 for the hospitality services.
Filing Strategy for Beverage Brands
Because the field is so crowded, beverage founders should file early and file accurately. Intent-to-use applications let you lock in a priority date before your first sale — valuable in a space where someone else may be eyeing the same name. Be precise in your goods description: "beer" and "energy drinks" are accepted terms, but vague phrasing like "beverages" invites an office action. And if you have any plans to expand into alcohol or hospitality, map the class strategy at the outset rather than scrambling to add classes after launch.
Frequently Asked Questions
Is beer in Class 32 or Class 33?
Beer is in Class 32, grouped with non-alcoholic beverages. Wine, spirits, liqueurs, and other distilled or fermented alcoholic drinks (other than beer) are in Class 33. A company that makes both beer and spirits needs registrations in both classes.
What class are energy drinks in?
Energy drinks, sports drinks, and isotonic beverages are in Class 32 as non-alcoholic beverages. Red Bull and Monster, the two dominant energy-drink brands, both anchor their portfolios in Class 32 and are known for aggressively enforcing those marks.
Why is it so hard to trademark a craft beer name?
Class 32 is one of the most saturated classes at the USPTO because of the craft-brewing boom. With thousands of beer names already registered or in commercial use, new applications frequently conflict with earlier marks under the likelihood-of-confusion test. A thorough clearance search before naming a beer is essential.
Do I need Class 32 and Class 33 for a hard seltzer?
It depends on the base. A hard seltzer fermented from a malt or sugar base is often classified in Class 32 alongside beer, while a seltzer made with distilled spirits falls in Class 33. Many beverage companies file both classes to cover their full range and future product lines.
Search Class 32 Before You File
In a class this crowded, clearance is everything. Use tmarkmetric to browse registered Class 32 trademarks, see which beverage and beer names are already taken, and search the full registry before you commit to branding, cans, and labels. Catching a conflict on day one is cheap; discovering it after a product launch is not.