All goods or services are classified within the International Classes (IC from now on). Goods range from IC classes 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 is light drinks and has around 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 beer, which is included in IC 32. This class includes waters, 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 liqueur. Syrups and essences used in the production of alcoholic beverages are also included.
Geographical Indications of Wines and Spirits
Wines and spirits have their own little special section in the Trademark Examination Procedures Manual and it is about location, location and location. When a geographical name is used as part of the name of a wine or spirit, 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 Not Originating 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 within 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 the name of a place if (1) the place is known for that particular good (for example, Champagne, France, as cited in the denial against Champagne of Spain AND ( 2) its products do not originate there, as in the champagne example.
There is one exception and that is for obscure 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 place identified, and the primary meaning of the mark is a generally known geographic location, the examining attorney must presume the required property/place association and reject the mark under ยง2( e)(2) ) ) as geographically descriptive, or require the geographic term disclaimer, as appropriate.”
These are wines or spirits that do originate in a known geographical location 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, as they did with Shampagne. As you can see in this case, even an alternate spelling doesn’t bypass descriptive rejection.
Second, if a PART of the mark is the name of the place, the USTPO will require a disclaimer from that part, as they did with Bialla Napa Valley.
