Alcoholic beverages, except beers; alcoholic preparations for making beverages.
Trademark applications and registrations in Class 33 over the past 15 years.
Class 33 covers alcoholic beverages, except beers. It is a densely filed class driven by the global wine, spirits, and liquor industries. The deliberate exclusion of beer — which falls in Class 32 — is the defining structural feature of this class and one of the most frequently misunderstood rules in trademark classification.
The top filers — Dickenson Peatman & Fogarty, E. & J. Gallo Winery, and Fross Zelnick — paint a clear picture of the class's commercial center of gravity. Dickenson Peatman & Fogarty, based in Napa Valley, handles trademark portfolios for hundreds of California wineries and has long been the most prolific filer in Class 33. E. & J. Gallo Winery, the world's largest family-owned winery, maintains one of the largest individual Class 33 portfolios. Fross Zelnick's presence reflects premium spirits brands that demand elite IP counsel.
The primary classification challenge in Class 33 is the boundary with Class 32 and the expanding category of hybrid beverages. Wine, vodka, whiskey, rum, gin, tequila, and liqueurs are all straightforwardly Class 33. However, beer-based cocktails and flavored malt beverages are Class 32, not Class 33, even when marketed alongside spirits. Alcoholic preparations for making beverages (such as cocktail mixers containing alcohol) are Class 33, but non-alcoholic cocktail mixers belong in Class 32. Cooking wines may fall under Class 33 or Class 30 depending on whether they are marketed primarily as beverages or cooking ingredients.
Wine and spirits brands nearly always file Class 33 alongside Class 35 for retail and wholesale services, Class 43 for bar and restaurant services, and Class 32 to cover any non-alcoholic line extensions. Wineries frequently add Class 41 for wine tasting and educational services and Class 43 for hospitality. The rise of celebrity-branded spirits and direct-to-consumer wine clubs has expanded typical portfolio strategies to include Class 38 for online subscription services.
Class 33 includes mainly alcoholic beverages, essences and extracts.
| # | Owner | Filings |
|---|---|---|
| 1 | E.&J. GALLO WINERY | 1,116 |
| 2 | SAZERAC BRANDS, LLC | 629 |
| 3 | THE WINE GROUP, LLC | 533 |
| 4 | HEAVEN HILL DISTILLERIES, INC. | 249 |
| 5 | PRECEPT BRANDS, LLC | 219 |
| 6 | DIAGEO NORTH AMERICA. INC. | 218 |
| 7 | Ghost Global LLC | 190 |
| 8 | JIM BEAM BRANDS, CO. | 189 |
| 9 | BRONCO WINE COMPANY, LLC | 187 |
| 10 | O'NEILL BEVERAGES CO., LLC | 181 |
| # | Firm | Total |
|---|---|---|
| 1 | Dickenson, Peatman & Fogarty | 5,053 |
| 2 | E. & J. GALLO WINERY | 2,597 |
| 3 | Fross Zelnick Lehrman & Zissu, P.C. | 1,821 |
| 4 | Carle, Mackie, Power & Ross LLP | 1,679 |
| 5 | ABELMAN FRAYNE & SCHWAB | 1,631 |
| 6 | Cowan, Liebowitz & Latman, P.C. | 1,315 |
| 7 | Owen, Wickersham & Erickson, P.C. | 1,264 |
| 8 | LEHRMAN BEVERAGE LAW, PLLC | 1,223 |
| 9 | BAKER AND RANNELLS PA | 1,193 |
| 10 | Diageo North America, Inc. | 1,188 |
Editorial deep dives spanning Nice Class 33 and adjacent classes
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A handful of cases quietly decide whether two brands can share the register. From du Pont to Detroit Athletic, here is the confusion canon examiners rely on - and what each case actually settled.
The Board refused the request to register UNPLEX after finding that UNPLEX TECHNOLOGIES had been used first in the United States.
Explore 76,457 live trademarks in Wines and Spirits. Search by name, owner, or serial number — then filter by Class 33.
Search TrademarksHistorically, beer has been classified separately from other alcoholic beverages. Class 32 covers beer and non-alcoholic beverages, while Class 33 covers all other alcoholic beverages (wine, spirits, liquor). This distinction dates back to the original Nice Classification system.
No. Class 33 covers the alcoholic beverages themselves. Wine glasses belong in Class 21, corkscrews in Class 8, wine racks in Class 20, and bar services in Class 43.
No. Non-alcoholic wine and non-alcoholic spirits belong in Class 32 (non-alcoholic beverages). Only beverages containing alcohol (except beer) are classified in Class 33.
Non-alcoholic cocktail mixers (tonic water, grenadine, simple syrup) belong in Class 32. Cocktail mixers that contain alcohol belong in Class 33. Pre-mixed ready-to-drink cocktails with alcohol are Class 33, while non-alcoholic mocktail mixes are Class 32.
Cooking wine marketed primarily as a beverage belongs in Class 33. However, cooking wines sold primarily as cooking ingredients may be classified in Class 30 (condiments and seasonings). The marketing and primary intended use determine the classification.
Hard cider (alcoholic apple cider) and mead (honey wine) belong in Class 33 as alcoholic beverages. Non-alcoholic apple cider belongs in Class 32. The presence of alcohol above the legal threshold is the deciding factor, not the base ingredient.
Most wineries need a multi-class strategy. Class 33 covers the wine itself, Class 43 covers tasting room and restaurant services, Class 41 covers wine education and tasting events, Class 35 covers retail wine shop and wine club services, and Class 39 covers wine storage services.
No. Alcohol-infused food products like bourbon chocolates or wine-flavored cheese belong in their respective food classes (Class 30 for chocolates, Class 29 for cheese). Class 33 covers only beverages intended for drinking.
Celebrity-branded spirits are classified the same as any other alcoholic beverage in Class 33. The celebrity or brand license does not change the classification. However, the licensing service itself may be filed in Class 45, and promotional services in Class 35.