The United Arab Emirates (“UAE”) has introduced an important change in its trademark practice concerning alcoholic beverages. The UAE Trademark Office is now accepting applications for trademarks in Class 33, which covers alcoholic beverages other than beer. This is a significant development for businesses seeking trademark registration in the UAE for wine, spirits and other alcoholic beverage brands.
Until recently, Class 33 was generally unavailable for trademark registration in the UAE. As a result, owners of alcoholic beverage brands, including wine and spirits brands, often had to adopt alternative strategies to protect their brands in the UAE, including relying on registrations in Class 32, which covers beer and non-alcoholic beverages.
The recent change brings UAE trademark practice closer to the Nice Classification system and provides brand owners with a more direct means of protecting their alcoholic beverage brands. It is particularly relevant to businesses in the beverage, hospitality, retail and consumer goods sectors.
What does the change mean for brand owners?
The most significant practical consequence is that owners of alcoholic beverage brands can now seek direct trademark protection in Class 33 in the UAE.
Brand owners who previously relied on Class 32 registrations as part of their UAE protection strategy should therefore consider reviewing their existing portfolios and assessing whether additional Class 33 applications are appropriate for their key brands and products. A trademark portfolio audit carried out with an experienced UAE trademark lawyer can help identify which brands need additional protection.
The development may also be relevant to international businesses whose global trademark portfolios already include Class 33 registrations. The availability of Class 33 protection in the UAE may allow such businesses to bring their UAE portfolios more closely into line with their international registrations.
The change also clarifies the position concerning beer, which falls within Class 32 under the Nice Classification. Recent reports indicate that beer can now be included in UAE trademark applications in Class 32.
Trademark protection does not mean permission to sell alcohol
It is important to note that the acceptance of Class 33 applications is a trademark development only. Registration of a trademark for alcoholic beverages does not, by itself, authorise the importation, distribution, advertising or sale of alcoholic beverages in the UAE.
Those activities remain subject to the applicable licensing and regulatory requirements, which may vary depending on the relevant Emirate and the nature of the activity. Trademark registration protects the brand; it does not replace the regulatory approvals required to commercialise alcoholic products.
What should businesses do now?
Businesses with alcoholic beverage brands should consider reviewing their UAE trademark portfolios in light of this development. In particular, brand owners may wish to:
- identify important brands currently protected only through Class 32 or other related classes;
- consider filing new applications in Class 33 for relevant alcoholic beverages;
- review international trade mark portfolios to identify gaps in UAE protection; and
- monitor new Class 32 and Class 33 applications for potentially conflicting marks.
The UAE Ministry of Economy and Tourism continues to operate the standard trademark registration process, including examination, publication and an opposition period before registration.
In short, the opening of Class 33 represents a notable development in UAE trademark practice and provides alcoholic beverage brand owners with a new opportunity to obtain direct protection for their brands in the UAE. Our Corporate & Commercial team advises on trademark registration, portfolio reviews, oppositions and enforcement across the UAE, and can help brand owners take advantage of this change.
This is a general guide on the subject matter and should not be construed as specific legal advice.
