What Is Nice Class 33?
Nice Class 33 is the trademark classification for alcoholic beverages, except beer. That covers wine, sparkling wine, fortified wine, vermouth, cider, distilled spirits — whiskey, vodka, gin, rum, tequila, brandy — liqueurs, pre-mixed spirit cocktails, and bitters. It is one of the older and more legally textured classes in the Nice system, because alcohol is regulated far more heavily than most consumer goods.
The structural quirk to remember is the split with Class 32: beer is in Class 32, everything else alcoholic is in Class 33. A craft distillery files in Class 33; a brewery files in Class 32; and a combined "brewstillery" needs both. That single line is the most common source of misfiled alcohol applications.
What Class 33 Covers
- Wine, sparkling wine, rosé, dessert wine, and fortified wines like port and sherry
- Whiskey, bourbon, Scotch, vodka, gin, rum, tequila, mezcal, and brandy
- Liqueurs, schnapps, bitters, and aperitifs
- Cider, perry, and fruit wines
- Pre-mixed and ready-to-drink spirit-based cocktails
- Alcoholic preparations for making beverages
Beer, ale, and malt beverages are excluded (Class 32). Non-alcoholic wine and spirit alternatives can go either way depending on positioning, but are often filed in Class 33 to sit beside their alcoholic competitors.
The Geographic Indication Problem
Class 33 has a unique obstacle that barely exists in other classes: protected geographic indications. Certain terms are legally reserved for products from a specific place. "Champagne" is protected for sparkling wine from the Champagne region of France. "Cognac," "Tequila," "Scotch Whisky," "Bourbon," and "Port" carry similar protections. You generally cannot register or use these terms for a product that does not originate from the protected region — and trying to evoke them ("Champagne-style," "Tequila-inspired") often draws refusals or oppositions.
Boundary note: Geographic descriptiveness is also a problem at the ordinary level. A vodka called "Russian Mountain" or a wine called "Napa Reserve" may be refused as primarily geographically descriptive or deceptively misdescriptive if the geography is material to consumers and the product doesn't come from there.
USPTO Registration Is Only Half the Job
Spirits and wine brands operate under two parallel approval systems in the United States. A trademark registration with the USPTO protects your brand name as intellectual property. But before you can sell the product, the federal Alcohol and Tobacco Tax and Trade Bureau (TTB) must approve the actual label through a Certificate of Label Approval (COLA). The two are separate: TTB approval does not give you trademark rights, and a trademark registration does not let you skip TTB label review.
Smart founders run them in parallel. Clear and file the trademark early to lock in priority, and prepare the TTB submission so the label is ready when the product is. A name that passes the USPTO but fails TTB labeling rules — or vice versa — costs time and money to fix late.
Notable Brands in Class 33
- Diageo — owns Johnnie Walker, Smirnoff, Tanqueray, Captain Morgan, and Don Julio, one of the largest Class 33 portfolios in existence
- Pernod Ricard — Absolut, Jameson, Chivas Regal, and Malibu marks
- Bacardi — the Bacardi name and bat device, plus Grey Goose and Bombay Sapphire
- Moët Hennessy — Champagne and Cognac houses whose marks intersect directly with geographic-indication protection
Pairing Class 33 With Other Classes
- Class 33 + Class 32: needed if you also make beer, hard seltzer on a malt base, or non-alcoholic mixers. See our Class 32 guide.
- Class 33 + Class 43: a distillery with a tasting room or a winery with a tasting bar adds Class 43 for hospitality services.
- Class 33 + Class 35: covers retail, e-commerce, and distribution of the products.
Frequently Asked Questions
Why is beer not in Class 33 with other alcohol?
The Nice Classification places beer in Class 32 alongside non-alcoholic beverages, largely for historical reasons tied to production and distribution. Class 33 is defined as "alcoholic beverages, except beer." A producer of both beer and spirits therefore needs registrations in both Class 32 and Class 33.
Can I use "Champagne" or "Tequila" in my brand name?
Generally no, unless your product genuinely originates from the protected region and meets its requirements. These are protected geographic indications. Using them for products from elsewhere — or even evoking them — typically leads to refusal or opposition. Choose a distinctive, non-geographic name to avoid the issue entirely.
Do I need TTB approval as well as a trademark?
Yes. A USPTO trademark protects your brand name as intellectual property, but the TTB must separately approve your product label through a Certificate of Label Approval before you can sell. They are independent systems — you need both, and it is best to pursue them in parallel.
What class is a ready-to-drink cocktail in?
A spirit-based ready-to-drink cocktail is in Class 33. A malt- or sugar-based hard seltzer or RTD is often classified in Class 32. Because the line depends on the alcohol base, beverage companies launching across formats frequently file both classes.
Search Class 33 Before You File
Between crowded spirit categories and geographic-indication landmines, Class 33 rewards careful clearance. Use tmarkmetric to browse registered Class 33 trademarks, check the names already claimed in your category, and search the wider registry before you print a single label. A name that clears both the USPTO and TTB is worth the time it takes to verify.