The UAE Ministry of Economy and Tourism and Trade Mark Office are now accepting trade mark applications in Class 33 for alcoholic beverages, with immediate effect.
Until now, Class 33 was not available for trade mark registration in the UAE, in line with local policy and regulations. As a result, owners of wines, spirits and other alcoholic beverage brands often relied on Class 32 as part of their UAE protection strategy.
This change reflects the UAE’s evolving IP framework and its increasingly international economy. It also gives beverage brand owners a timely reason to review how their brands are protected in the UAE.
An evolving trade mark framework
This is a change in Trade Mark Office practice and does not require an amendment to the UAE Trade Mark Law.
It follows a series of developments by the Ministry to modernise trade mark practice, enhance services for rights holders and investors and further align the UAE IP framework with international systems and standards.
The UAE has also been a member of the Madrid System since December 2021. Accepting Class 33 national level brings UAE filing practice closer to the Nice Classification and to international portfolios, where Class 33 is routinely used for alcoholic beverages.
What about existing Class 32 registrations?
Brand owners do not necessarily need to refile their entire portfolios. Many beverage companies have held UAE Class 32 registrations for years, sometimes across several renewal cycles. These registrations reflect the options available when Class 33 was not accepted and remain valuable earlier rights within an overall protection strategy.
For house marks, flagship brands and commercially important product names, brand owners should now consider filing directly in Class 33. Where budgets allow, owners may also choose to expand Class 33 protection more broadly over time while keeping relevant longstanding Class 32 rights.
A brand’s wider history also matters. Earlier registrations, use and reputation can all be relevant when protecting and enforcing trade mark rights, and the UAE also recognises well-known trade marks. Class 33 should therefore be seen as an important additional layer of protection, complementing earlier rights rather than replacing them.
Will Class 32 rights be considered against Class 33 applications?
This is one of the key practical questions for brand owners. The UAE Trade Mark Office already cross-examines related classes when assessing earlier rights, and there is no reason to expect a different approach for relevant rights across Classes 32 and 33. Existing Class 32 registrations should therefore remain important when later Class 33 applications are examined, especially where these rights were secured before Class 33 became available.
As this new practice develops, it will become clearer how that interaction is applied during examination. In the meantime, direct Class 33 filings remain the clearest way for brand owners to strengthen protection for key alcoholic beverage brands.
What about beer?
There is also an important update for Class 32.
Under the Nice Classification, Class 33 covers alcoholic beverages, except beer, while beer falls within Class 32. Historically, references to alcoholic beverages were generally removed or amended in UAE specifications. Under the new approach, beer in Class 32 can now also be accepted.
Is there anything different about filing?
No special filing procedure is required. Class 33 applications can now be filed through the standard UAE trade mark process and will go through the usual examination, publication and registration stages. For international brand owners, this should also allow UAE protection to align more closely with international and Madrid System portfolios that use Class 33.
Trade mark protection and permission to sell are different
Importantly, acceptance of Class 33 is a trade mark development. Registration of a mark in Class 33 does not itself authorise the import, distribution, advertising or sale of alcoholic beverages in the UAE.
Those activities remain subject to the applicable regulatory and licensing requirements in the UAE and the relevant Emirate. Trade mark registration protects the brand, but it does not replace any regulatory approvals required to commercialise the products.
Looking ahead
The acceptance of Class 33 is a positive development in the UAE’s evolving IP landscape and reflects the Ministry of Economy and Tourism’s continued efforts to align trade mark practice with international standards and the needs of businesses investing and operating in the UAE.
As with any new practice, some points will become clearer as Class 33 applications move through examination, particularly how they interaction with longstanding rights in related classes. We will continue to monitor and support brand owners in assessing the impact on their UAE portfolios.
For further information on Class 33 filings or how this development may affect your trade mark portfolio in the UAE, please contact us.
