Trademark Registration – Classification Guide Class 33 in Japan

What is the classification of Class 33?

I’d like to register a trademark for my new whiskey label. Is “whiskey” classified as class 30, like tea? But I can’t find anything related to alcohol in Class 30… maybe it’s class 32 like beer?

Alcoholic beverages except beers are classified in Class 33! Medicinal alcoholic beverages (medical beverages) and non-alcoholic beverages are classified separately, so please be careful!

This page explains what goods are included in the category “Class 33”.
Before you file a trademark application, make sure you know whether your product is in Class 33 or in another category!

Class 33 is for alcoholic beverages, except beers

Class 33 includes mainly alcoholic beverages(except beers). Alcoholic essences, alcoholic fruit extracts also fall under this class.

Goods included in Class 33 and Goods NOT included in Class 33

List of main goods in Class 33

The main goods included in Class 33 are listed below.
These goods can be designated by Amazing DX.

Got it, a different classification is provided from the “Liquor Tax Law”.

That’s right. However, there are some similarities, such as the fact that “liquor[mirin]” is included in Class 33 and “mirin seasonings” are not.

The above list of “the main goods included in Class 33” is just an example.
Let’s take a closer look at what other goods are included in Class 33 and what goods are not.

What should you do if you want to specify such items? (Goods included in Class 33)

Goods that fall under the heading of sake, Japanese white liquor [Shochu], Sake substitute, and Japanese sweet rice-based mixed liquor [Shiro-zake].

→When you want to specify such a product in Amazing DX, please specify the item that the product is included in.

For example, ……

products you want to includeselected on Amazing DX
Japanese sake [Nihonshu]sake
Awamori [distilled rice spirits]Japanese sweet rice-based mixed liquor [Shiro-zake]
[NOTE] It is not possible to register the trademark “正宗(masamune)” with standard characters for the goods “sake” [Trademark Act Article 3(1)(ii): commonly used trademark].

The Japanese Trademark Act prescribes trademarks that cannot be registered as mentioned above. Please refer to the below article for specific information.

https://amazing.dx.harakenzo.com/en/guide/non-registrable/

Goods that fall under the heading of western liquors in general, alcoholic fruit beverages, Japanese Shochu-based beverages [Chuhai]

→When you want to specify such a product in Amazing DX, please specify the item that the product is included in.

For example, ……

products you want to includeselected on Amazing DX
whiskey [whisky]
vodka
gin
brandy
rum
liqueurs
western liquors in general
wine
strawberry wine
perry
cider
alcoholic fruit beverages

Goods that fall under the heading of Chinese liquors in general

→When you want to specify such a product in Amazing DX, please specify the item that the product is included in.

For example, ……

products you want to includeselected on Amazing DX
Wujiapie-jiou [mixed Chinese liquor]
Gaolian-jiou [sorghum-based Chinese spirits]
Chinese white liquor [Baiganr]
Laojiou [Chinese brewed alcoholic beverages]
Chinese liquors in general

Goods that fall under the heading of flavored liquors

→When you want to specify such a product in Amazing DX, please specify the item that the product is included in.

For example, ……

products you want to includeselected on Amazing DX
liquor flavored with Japanese plum extracts
hydromel [mead]
liquor containing Mamushi-snake extracts
liquor containing herb extracts
liquor flavored with pine needle extracts
flavored liquors

Other goods included in Class 33.

→If you would like to specify the following goods or other items in Amazing DX, please contact our trademark attorneys via chat.

Goods NOT included in Class 33.

Other goods NOT included in Class 33

Goods that do not contain alcohol, even if it is related to alcohol, mainly fall under Class 32. So-called non-alcoholic beverages are listed in Class 32.

NOTE: if the trademark contains a name of plae

Some wine and spirits are allowed to be used only if they are produced in their places of origin. When filing a trademark application that includes the names of places, please note that it is necessary to limit the designated goods to those places (“wine produced in **”, for example).
[Trademark Act Article 4(1)(xvi): indicating a place of origin of wines or spirits]

designated goodsthe names of places
wineYAMANASHI(山梨), NAGANO(長野), BORDEAUX, CHABLIS et al.
Japanese white liquor [Shochu]IKI(壱岐)、RYUKYU(琉球) et al.
spiritsTEQUILA, GRAPPA et al.

Even if the name of the place is not as specified above, if the trademark includes the name of a place, it may be necessary to limit the designated goods in order to be likely to deceive or cause confusion.
[Trademark Act Article 4(1)(xvii): likely to mislead as to the quality of the goods or services.]

In Amazing DX, our firm’s attorneys specializing in trademarks will determine to propose the limitation of the designated goods, so please feel free to contact us.

File a trademark application, designating goods in Class 33!

Class 33 includes mainly alcoholic beverages, essences and extracts. This classification is recommended for those in the food industry who are related to beverages, especially alcoholic beverages.

Amazing DX allows you to easily select your designated goods and services online.
First, please select as many goods and services as possible. After the search, it is easy to exclude the goods marked with “×” and search again.

If you are not sure which goods or services to select, our attorneys specializing in trademarks will be happy to answer your questions. Please feel free to contact us via chat.

Reference: Japan Patent Office, “Examination Guidelines for Similar Goods and Services (corresponding to the Nice Classification, 12th Edition, Version 2023)”.

supervisor
この記事の監修者:
HARAKENZO WORLD PATENT & TRADEMARK
大阪法務戦略部長 八谷 晃典
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