Trademark protection for wine, spirits, and other alcoholic beverages is becoming much more predictable in the United Arab Emirates. The UAE’s trademark authority—the UAE Ministry of Economy and Tourism / Trade Mark Office—is now accepting trademark applications in Class 33. This class covers alcoholic beverages other than beer, as well as alcoholic preparations for the manufacture of beverages.
An important opportunity for alcoholic beverage brands
For trademark owners in the wine, spirits, and alcoholic beverages industry, this closes a significant gap that had previously existed. The UAE is a major global hub for trade, tourism, and re-export. Brands gain visibility there particularly in the duty-free sector, the hospitality industry, and through regional re-export channels. Wherever a brand has an economic presence or is expected to have one in the future, formal protection in the appropriate class of goods also becomes increasingly important.
Until now, Class 33 was not available in the UAE. As a result, trademark owners typically fell back on Class 32. This previous practice explains why portfolios in the UAE do not always reflect a company’s actual products. The newly available option makes it possible to apply for protection for alcoholic beverages in the class where the goods are systematically classified.
Changes in Administrative Practice
The legal classification of this change is important: It constitutes a change in administrative practice, not a change in the law. Class 33 is therefore not subject to any special procedure. Applications go through the VAE’s regular examination, publication, and registration procedures. For trademark owners, this means, on the one hand, an accessible path to protection, but on the other hand, it also means that the usual questions regarding formal requirements, prior rights, and potential oppositions remain relevant.
This change brings the UAE’s practice into line with the Nice Classification and the Madrid System. Beer can now also be registered in Class 32, consistent with the Nice Classification. Existing Class 32 rights remain valid and do not need to be re-registered. Long-standing registrations continue to be considered prior rights. In addition, when examining prior rights, the UAE trademark authority also takes related classes into account. A new Class 33 application is therefore not considered in isolation from existing rights but must be viewed in the context of the existing trademark portfolio.
Why the Right Classroom Protection Matters Now
The opening of Class 33 not only creates an additional registration option but also changes the strategic landscape. Companies should assess whether their existing Class 32 rights adequately cover the alcoholic products they currently market or plan to market. A registration does not constitute a marketing authorization: Separate import, distribution, and licensing approvals remain necessary. Trademark protection and regulatory approval must therefore be considered separately.
At the same time, this new accessibility introduces a time factor. Third parties could act quickly and file identical or similar trademarks in Class 33. Early filing of the main trademarks is therefore the most important safeguard against avoidable conflicts. Prior to filing, searches can help better assess the current situation in the register and tailor the filing strategy to existing registrations as well as to potentially related classes. This applies particularly to trademarks that are already visible in the region or are gaining prominence through duty-free, hotel, and re-export channels.
What Trademark Owners Should Review Now
For companies, a step-by-step approach is recommended: First, the existing portfolio should be reviewed for gaps in protection in Class 33. Next, searches should be conducted prior to filing, and the main trademarks should be filed early. At the same time, it makes sense to monitor the UAE registry for conflicting third-party applications. Finally, trademark planning should be supplemented by a separate regulatory compliance review, as registration itself does not constitute authorization for import, distribution, or licensing.
The following aspects should be helpful in this regard when conducting an internal assessment:
- Portfolio Review: Are There Any Protection Gaps in Class 33 for Wine, Spirits, or Other Alcoholic Beverages?
- Preliminary Search: Which identical or similar trademarks could oppose the application?
- Trademark Registration Strategy: Which major brands should be protected early on in Class 33?
- Register Monitoring: Are there any conflicting third-party applications in the UAE register?
Schneiders & Behrendt assists trademark owners with portfolio reviews, searches, the development of an appropriate filing strategy, the prosecution of Class 33 applications, and trademark monitoring in the UAE. Those who wish to make structured use of this new opportunity can have their own trademark portfolio and planned market presence reviewed at an early stage.
