Class 32 is very crucial within the trademark classification system when it comes to food and beverage. This primarily comprises non-alcoholic beverages such as soft drinks, juices, bottled water, and energy drinks, among many others belonging to the same category. Generally, a trademark under Class 32 protects businesses dealing in the beverage and related industries against other persons or companies using similar brands, which grants them exclusive rights to the business and creates differentiation in the market.
In this article, we will discuss what Trademark Class 32 involves, the services and products that fall into this class, and those things that are excluded. Being knowledgeable about the scope of Class 32 is fundamental to companies that produce beverages or food because it protects their intellectual property.
What is Trademark Class 32?
Trademark Class 32 is one of the 45 classes defined under the NICE Classification System, a globally recognized system for categorizing trademarks based on the type of goods or services they represent. This particular class focuses on non-alcoholic beverages and related products. It includes drinks intended for refreshment, hydration, and energy, which are widely consumed in various forms across the world.
Companies manufacturing or distributing food and beverage beverages, such as soft drinks, fruit juices, bottled water, and energy drinks, should register their trademarks under Class 32 to preserve their intellectual property.
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Products Covered by Trademark Class 32
Class 32 encompasses a wide range of non-alcoholic drinks, among other things:
1. Soft Drinks and Soda
Carbonated beverages, for example, colas, lemon soda, and other flavoured sodas
Non-carbonated soft drinks
Fruit-flavoured drinks and fruit juice
2. Energy and Sports Drinks:
Formulated beverages that are enhanced for energy to improve athletic performance and support hydration (e.g., energy drinks, electrolyte-infused beverages, recovery beverages)
3. Bottled Water:
Still water, sparkling water, and flavoured water
4. Juices and Juice Concentrates:
Fresh fruit and vegetable juices, and concentrates for juice drinks
5. Non-alcoholic Beverages for Mixing
Beverages used as mixers in non-alcoholic cocktails and mocktails
6. Non-alcoholic Beverages with Added Nutrients
Beverages with vitamins, minerals, or other nutritional supplements: vitamin waters, protein shakes, and healthy drinks
7. Tea and Coffee-Based Beverages (Non-Alcoholic):
Ready-to-drink iced tea, coffee beverages, and other nonalcoholic tea or coffee-based drinks
8. Non-Alcoholic Dairy and Plant-Based Beverages:
Non-dairy products, such as almond milk, oat milk, soy milk, and other plant-based beverages
9. Non-Alcoholic Fruit and Vegetable Beverages:
Blended fruit/vegetable drinks such as smoothies, juice drinks, and vegetable juice drinks
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Products Not Covered under Trademark Class 32
A great number of goods fall into Trademark Class 32, which includes a huge amount of non-alcoholic beverages. However, this category also omits a few categories of goods that seem related and rather fall under other trademark classes. Some of the excluded products and services are as follows:
Alcoholic Drinks:
Class 33 is applicable for alcoholic drinks like wine, beer, spirits, and liqueurs rather than Class 32.
Medicinal or Therapeutic Drinks:
Medicinal beverages or those medicinal in character, for example, herbal medicine drinks, are usually classified as Class 5.
Caffeine Tablets or Capsules:
Any caffeine pills or similar supplements are Class 5, pharmaceutical preparations and not Class 32.
Food Products:
Class 32 will not include any solid foods or snacks. These will fall in Class 29: meat, fish, dairy, and processed foods or even Class 30: pasta, bread, candy, etc.
Dairy Products:
Milk, cheese, yogurt, and similar products belong to Class 29. However, plant-based milk substitutes are classified under Class 32.
Frozen Desserts and Ice Cream:
Ice cream and other frozen desserts are not included in Class 32 but are included in Class 30.
Tea and Coffee (Other than Beverages):
Tea and coffee that are not for consumption as a liquid beverage, like tea leaves, coffee beans, or ground coffee, are included in Class 30.
Non-Alcoholic Distilled Beverages for Mixing (such as Syrups):
Syrups used for preparing alcoholic drinks belong to Class 33; however, when used in non-alcoholic preparation, the same belongs to Class 30.
Also, Read What is the Step-By-Step Guide to Trademark Registration Process
List of in Class 32 of Trademark
Here is the comprehensive list of goods that must be classified under Trademark Class 32:
preparations for making aerated water
aerated water
aloe vera drinks, non-alcoholic
aperitifs, non-alcoholic
beer
beer wort
beer-based cocktails
preparations for making beverages
non-alcoholic beverages
cider, non-alcoholic
cocktails, non-alcoholic
essences for making beverages
extracts of hops for making beer
non-alcoholic fruit extracts
non-alcoholic fruit juice beverages
fruit juices / fruit juice
fruit nectars, non-alcoholic
ginger beer / ginger ale
grape must, unfermented
non-alcoholic honey-based beverages
isotonic beverages
kvass [non-alcoholic beverage]
lemonades
preparations for making liqueurs
lithia water
malt beer
malt wort
milk of almonds [beverage]
mineral water [beverages]
preparations for making mineral water
must
orgeat
pastilles for effervescing beverages
peanut milk [non-alcoholic beverage]
powders for effervescing beverages
sarsaparilla [non-alcoholic beverage]
seltzer water
sherbets [beverages] / sorbets [beverages]
smoothies
soda water
soya-based beverages, other than milk substitutes
syrups for beverages
syrups for lemonade
table waters
tomato juice [beverage]
vegetable juices [beverages]
waters [beverages]
whey beverages
Learn What is Trademark Infringement Under Section 29 of the Trade Marks Act, 1999
Summing Up
Class 32 is valuable for any soft drink company to extend the scope of protection to products such as carbonated beverages, energy and power drinks, juice, packaged water, and health beverages. Registering a trademark under this class exclusively gives the companies rights to their marks and protects their brand from infringement. Nevertheless, it is essential to observe that alcoholic beverages, food products, and some medicinal drinks are not included under Class 32. With this in mind, business entities will be able to make the right decision on trademark registration and protect their products successfully.
Trademark Class 32: FAQs
Q1. What are covered under Trademark Class 32?
Class 32 includes soft drinks, energy drinks, juices, as well as bottled water.
Q2. Do alcoholic beverages fall under Class 32?
No, alcoholic beverages fall under Class 33 and not under Class 32.
Q3. Do energy drinks fall under Trademark Class 32?
Yes, sports drinks and energy drinks fall under Class 32.
Q4. Does Class 32 include milk products?
No, dairy products come under Class 29, whereas plant-based drinks come under Class 32.
Q5. Are herbal medicinal drinks within Class 32?
No, medicinal or therapeutic drinks come under Class 5 (pharmaceuticals). They do not come under Class 32.