Beer generally belongs in International Class 32, while wine, whiskey, vodka, gin, rum, and most other alcoholic beverages except beer generally belong in International Class 33. However, an alcohol business may need additional trademark classes if it operates a taproom or cocktail bar, sells merchandise or glassware, runs retail services, provides educational events, or manufactures beverages for other companies.
For applications filed in 2026, the USPTO uses the Nice Classification, Thirteenth Edition, Version 2026, which became effective January 1, 2026.
The central alcohol classes are straightforward.
Class 32 generally covers beer and nonalcoholic beverages.
Class 33 generally covers alcoholic beverages other than beer.
But the correct trademark strategy depends on much more than the beverage itself.
A brewery may also operate a taproom.
A winery may run an online retail store and educational tasting program.
A distillery may offer cocktail-bar services, tours, branded apparel, and glassware.
A contract brewery may manufacture beer for third-party brands.
Those activities can require different classifications.
Key Takeaways for Alcohol Trademark Classes
Beer is generally in Class 32. The current Nice Classification places beers and many nonalcoholic beverages in Class 32.
Wine and spirits are generally in Class 33. Class 33 covers alcoholic beverages other than beer, including wines, spirits, liqueurs, alcoholic cider, and similar products.
Bars, restaurants, and many taproom services generally implicate Class 43. Class 43 covers services for providing food and drink.
Retail services can fall in Class 35, but merely selling your own products does not automatically create a Class 35 service. Current Nice guidance specifically states that the sale of goods itself is not considered a service for classification purposes.
Brewing or winemaking for other companies can implicate Class 40. Current Nice guidance places custom manufacturing in Class 40 and specifically identifies beer brewing and wine making for others as services outside Class 43.
Educational programs and entertainment can implicate Class 41. Class 41 covers education, training, entertainment, and cultural activities.
Apparel commonly falls in Class 25, while glassware and certain barware commonly fall in Class 21.
What Is a Trademark Class?
Trademark classes are administrative categories used to organize goods and services in trademark applications.
The USPTO uses 45 international classes.
Goods generally appear in Classes 1 through 34.
Services generally appear in Classes 35 through 45.
The class system helps organize applications, calculate fees, and search trademark records.
The class number is important.
But the class number does not define the entire scope of a trademark registration.
The identification of goods and services is equally important.
A registration in Class 33 for wine does not automatically mean the owner possesses federal registration coverage for every product appearing in Class 33.
Likewise, two companies can operate in different trademark classes and still encounter a likelihood-of-confusion issue.
Does the Trademark Class Determine How Broad the Trademark Rights Are?
Not by itself.
The USPTO explains that trademark protection is connected to the specific goods or services identified with the mark.
Current TMEP guidance goes even further and states that classification has no bearing on the likelihood-of-confusion analysis. The way the applicant and registrant identify their goods and services is what controls.
This means an alcohol company should not assume:
“They are in another class, so there cannot be a trademark conflict.”
That is not how Section 2(d) works.
What Trademark Class Is Beer?
Beer generally belongs in International Class 32.
Current Nice Classification guidance lists:
Beers; nonalcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making nonalcoholic beverages.
The explanatory note states that Class 32 primarily includes nonalcoholic beverages as well as beer.
A brewery applying to protect its beer house mark or individual beer brand will therefore generally begin with Class 32.
Is Beer Ever in Class 33?
Ordinary beer is generally not in Class 33.
Current Class 33 expressly covers alcoholic beverages except beers, and its explanatory notes specifically exclude beer to Class 32.
This distinction is one of the most important alcohol-classification rules.
A beverage company selling both beer and whiskey may therefore need both Class 32 and Class 33 coverage.
What Trademark Class Is Wine?
Wine generally belongs in International Class 33.
The current Nice Classification expressly identifies wines and fortified wines as Class 33 goods.
A winery protecting its wine house mark, collection name, or individual product brand will therefore commonly use Class 33 for the wine itself.
What Trademark Class Is Whiskey or Bourbon?
Whiskey and bourbon generally fall in Class 33 as distilled spirits.
Current Class 33 includes spirits and liqueurs within the category of alcoholic beverages other than beer.
The identification should still accurately describe the particular beverage being offered.
The company should not rely merely on the class number when a more specific accepted identification is available.
What Trademark Class Is Vodka?
Vodka generally falls in Class 33.
The same broad classification applies to most distilled alcoholic beverages other than beer.
The application should use an accurate identification describing the actual goods rather than vague wording simply because the applicant knows the correct class number.
What Trademark Class Is Gin?
Gin generally falls in Class 33 as an alcoholic spirit.
A gin producer that also operates a tasting room, sells shirts, offers tours, or produces products for other brands may require additional classifications for those separate activities.
What Trademark Class Is Rum?
Rum generally belongs in Class 33.
Again, the class covers the beverage itself.
It does not automatically cover a branded cocktail bar, apparel line, retail-store service, or other activity operated under the same name.
What Trademark Class Is Tequila or Other Distilled Spirits?
Distilled alcoholic spirits generally fall in Class 33.
The precise identification should accurately describe the lawful product being sold under the mark.
The USPTO’s ID Manual is the primary tool for finding pre-approved descriptions of goods and services and their classifications.
What Trademark Class Is Hard Cider?
Alcoholic cider generally belongs in Class 33.
The current Nice explanatory note expressly identifies alcoholic cider within that class.
A nonalcoholic cider product can present a different classification question, so the actual product formulation matters.
What Trademark Class Are Alcoholic Cocktails?
Alcoholic beverage products other than beer generally fall within Class 33.
A canned or bottled ready-to-drink alcoholic cocktail will therefore commonly involve Class 33, depending on the precise formulation and accepted USPTO identification.
A company should confirm the specific wording in the current ID Manual rather than relying solely on general industry terminology.
What Class Covers Nonalcoholic Beverages?
Many nonalcoholic beverages are in Class 32.
The current Nice Classification specifically includes nonalcoholic beverages and de-alcoholized beverages in Class 32.
This can become important for alcohol companies entering the rapidly growing nonalcoholic market.
A spirits company registered only for Class 33 whiskey may decide to launch a zero-proof beverage under the same brand.
Its existing Class 33 registration does not automatically become direct federal registration coverage for that new Class 32 product.
Can the Same Alcohol Brand Need Both Classes 32 and 33?
Yes.
Consider a beverage company that sells:
beer,
nonalcoholic beverages,
and whiskey.
Its beer and qualifying nonalcoholic products may fall in Class 32.
Its whiskey falls in Class 33.
A multiclass trademark strategy can therefore be appropriate for companies operating across beverage categories.
Does Being in Both Classes 32 and 33 Give the Company Rights Over All Beverages?
No.
Class numbers do not grant ownership over an entire category.
The identification inside the application defines which goods the applicant actually claims.
A company might register its mark for “beer” in Class 32 and “whiskey” in Class 33.
That does not necessarily mean the registration directly covers every conceivable nonalcoholic beverage in Class 32 or every alcoholic product in Class 33.
The USPTO emphasizes that applicants must identify goods and services accurately and specifically.
What Is Class 43 for Alcohol Businesses?
Class 43 covers services for providing food and drink.
That makes it particularly important for breweries, wineries, and distilleries operating customer-facing hospitality businesses.
A brewery may own a Class 32 registration for its beer.
If the same mark also identifies a taproom where customers receive food or beverage services, the company may consider whether Class 43 coverage should also be part of its portfolio.
Are Bar Services in Class 43?
Yes.
USPTO records consistently classify bar and restaurant services in Class 43, and the current Nice Class 43 heading covers services for providing food and drink.
A distillery operating a cocktail bar under its house mark may therefore have a different trademark portfolio from a distillery that simply produces bottled spirits.
Are Restaurant Services in Class 43?
Yes.
Restaurant services generally belong in Class 43.
This can matter when an alcohol business grows into hospitality.
A winery registration for wine in Class 33 does not automatically become a federal registration for its restaurant services.
What Trademark Class Is a Brewery Taproom?
A brewery taproom may implicate Class 43 when the trademark identifies customer-facing food or drink services.
The precise identification should reflect what the business actually provides.
A taproom that becomes an independently valuable part of the business can deserve separate consideration from the packaged beer itself.
Can the Taproom Use the Same Trademark as the Beer?
Yes.
The same mark can identify goods and services appearing in several classes.
A brewery might therefore use one house mark for:
beer in Class 32,
taproom services in Class 43,
and clothing in Class 25.
The company may file a multiclass application or separate applications depending on its strategy.
What Happens if the Taproom Has a Different Name?
That separate taproom name may need its own trademark search and application.
For example, a brewery may operate under HARBOR FORGE but run an attached restaurant under a completely separate brand.
Registration of HARBOR FORGE does not automatically protect the separately named restaurant.
Each customer-facing mark should be evaluated according to how it functions commercially.
What Is Class 35 for an Alcohol Business?
Class 35 includes advertising, business-management services, and certain retail and wholesale services.
The current Nice explanatory note includes the bringing together of a variety of goods for the benefit of others so customers can conveniently view and purchase those goods through stores, wholesale outlets, or electronic commerce.
This can be relevant to:
wine stores,
liquor retailers,
online alcohol marketplaces,
bottle shops,
and certain retail businesses.
Does Selling My Own Beer Put the Brewery in Class 35?
Not automatically.
This is an important classification distinction.
Current Nice guidance explicitly states that the sale of goods is not itself considered a service for classification purposes.
A brewery selling its own branded beer remains primarily engaged in selling its goods.
That does not automatically create a separate Class 35 retail-store service.
A retailer bringing together a variety of products for customers to purchase presents a different classification issue.
When Might a Brewery Need Class 35?
Class 35 becomes more relevant when the brewery operates a genuine retail service that extends beyond simply selling its own beer.
For example, the company might operate an online marketplace or retail store offering products from multiple producers.
The actual business model matters.
Applicants should not add Class 35 automatically merely because they sell something online.
What Is Class 40 for Alcohol Companies?
Class 40 covers material treatment and includes custom manufacturing services.
Under current Nice guidance, manufacturing qualifies as a service for classification purposes when goods are produced for another person according to that customer’s order and specifications.
That makes Class 40 particularly important for contract manufacturers.
What Class Is Contract Brewing?
Contract brewing for other companies can implicate Class 40.
The current Nice Class 43 explanatory note specifically states that beer brewing for others belongs in Class 40 rather than Class 43.
This is different from a brewery producing and selling its own branded beer.
Its own beer is a Class 32 good.
Producing beer as a service for another brand can be a Class 40 service.
What Class Is Winemaking for Others?
Winemaking performed for third parties can likewise fall in Class 40.
Current Nice guidance specifically identifies wine making for others as a Class 40 activity.
A winery producing its own bottles has Class 33 goods.
A custom winemaking business serving other brand owners can have additional Class 40 service considerations.
Does Owning a Brewery Mean I Automatically Have Class 40 Services?
No.
Producing your own goods is not the same as custom manufacturing for others.
Class 40 becomes relevant when the company provides production or processing services for another party.
The application should reflect what customers actually purchase from the business.
What Is Class 41 for Alcohol Companies?
Class 41 covers education, training, entertainment, and cultural activities.
This may become relevant for alcohol companies offering separately identifiable educational or entertainment services.
Examples can include structured educational programs, classes, entertainment events, or certain tours depending on how the service is actually offered.
Is Every Brewery Tour in Class 41?
Not necessarily.
Classification depends on the nature of the service.
An educational brewery tour presented as a structured learning experience may implicate Class 41.
A customer simply walking through a facility as an incidental part of a tasting-room visit may present a different analysis.
The company should identify the genuine service rather than adding Class 41 simply because visitors sometimes tour the premises.
Are Wine-Tasting Classes in Class 41?
Educational tasting classes can potentially fit within Class 41 when they function as genuine educational or training services.
Class 41 expressly covers education and training.
A normal hospitality tasting provided as part of bar or winery service should not automatically be treated the same way.
What Trademark Class Is Brewery Clothing?
Clothing generally falls in Class 25.
Current Nice guidance identifies Class 25 as covering clothing, footwear, and headwear.
That commonly includes items such as:
T-shirts,
sweatshirts,
and hats.
For alcohol brands, merchandise can become an important independent business line.
Does a Beer Trademark Automatically Cover Brewery Shirts?
No.
A Class 32 registration for beer does not automatically create direct federal registration coverage for clothing in Class 25.
If apparel becomes commercially significant, a separate Class 25 filing may be appropriate.
The company should also consider whether the trademark functions as a brand on the apparel rather than merely as decorative ornamentation.
Does Giving Away Promotional Shirts Require Class 25?
Not necessarily.
A company should prioritize genuine commercial activity.
If shirts are occasional promotional giveaways, Class 25 may have a different strategic value than when customers regularly purchase the brewery’s apparel as a meaningful product line.
Trademark strategy should follow actual business significance rather than adding every theoretically possible class.
What Trademark Class Is Brewery Glassware?
Many types of beverageware and glassware fall within Class 21.
Current Nice guidance describes Class 21 as including household and kitchen utensils and containers, glassware, porcelain, and earthenware. It specifically includes cocktail shakers among examples of Class 21 goods.
This can make Class 21 relevant for alcohol brands selling branded drinking glasses or other qualifying barware.
Do Branded Pint Glasses Need Their Own Trademark Class?
Potentially.
If branded glassware becomes a genuine product line, Class 21 can deserve consideration.
If glasses are merely incidental promotional items, they may receive lower filing priority.
The company should determine whether customers are actually purchasing the goods and whether the mark is functioning as a source identifier.
Can One Brewery Trademark Need Four or Five Classes?
Yes.
Consider a brewery called HARBOR FORGE.
It sells beer.
It operates a large taproom.
It sells branded clothing.
It sells branded drinking glasses.
It also contract brews beer for smaller beverage companies.
Its portfolio could potentially include:
Class 32 for beer,
Class 43 for relevant food and drink services,
Class 25 for clothing,
Class 21 for qualifying glassware,
and Class 40 for contract brewing services.
That does not mean every brewery needs those classes.
It means the classification should reflect the actual business model.
Can a Winery Need More Than Class 33?
Absolutely.
A winery may sell wine in Class 33 while also operating hospitality services, educational programs, merchandise, and contract-production operations.
Depending on the actual facts, additional classes such as 43, 41, 25, 21, 35, or 40 may become relevant.
A wine registration does not automatically protect every aspect of the winery’s operation.
Can a Distillery Need Several Trademark Classes?
Yes.
A distillery may begin with Class 33 for its spirits.
Later it may add:
Class 43 for a cocktail bar,
Class 25 for apparel,
Class 21 for glassware,
Class 32 for certain nonalcoholic products,
or Class 40 for custom production services.
Trademark portfolios should evolve when the underlying business evolves.
Does One Application Cover Multiple Trademark Classes?
Yes.
A trademark application can identify goods and services in multiple international classes.
Each class must satisfy the applicable filing requirements.
USPTO guidance for multiclass applications requires a specimen for each class when specimens are required, although one specimen can sometimes support more than one class when it genuinely demonstrates qualifying use for each.
Do I Pay a Separate USPTO Fee for Every Class?
Yes.
As of September 2026, the USPTO base application filing fee for a Section 1 or Section 44 application is $350 per class, assuming the application satisfies the base filing requirements. Additional fees can apply in certain circumstances.
That makes class prioritization important for emerging alcohol businesses.
A brewery may decide that beer coverage is essential immediately while apparel or glassware filings can wait until those lines generate meaningful revenue.
Should an Alcohol Startup File in Every Possible Class Immediately?
Usually not.
The USPTO requires use-based applicants to be using the trademark for all goods and services claimed on that basis.
For intent-to-use claims, the applicant must possess a bona fide intention to use the trademark for all identified goods and services.
A brewery should therefore not claim restaurant services merely because someone mentioned opening a restaurant someday.
A winery should not claim clothing simply because promotional shirts might eventually be produced.
A smaller but accurate filing can be more useful than a large speculative application.
Why Is the Goods and Services Description So Important?
Because applicants do not register an entire class.
They register trademarks in connection with identified goods and services.
The USPTO’s ID Manual provides accepted descriptions and classification guidance.
The wording should be:
clear,
specific,
accurate,
and appropriate for the actual business.
Overly vague descriptions can create examination problems.
Overly broad descriptions can create use or bona fide-intent problems.
Should an Alcohol Business Use the USPTO ID Manual?
Yes.
The ID Manual is one of the most useful tools for preparing the goods and services section of a trademark application.
USPTO guidance explains that it contains descriptions and classifications examining attorneys will generally accept without further inquiry when the record supports them.
The applicant should not select an ID Manual entry simply because it sounds broad.
It should accurately describe the company’s real goods or services.
Can I Add More Goods or Services to the Registration Later?
Not by broadening the original application.
Current TMEP §1402.06 states that an identification may be clarified or limited, but it cannot be broadened after filing.
This matters enormously for growing alcohol companies.
Suppose a brewery originally files only for beer.
Three years later, it launches a major restaurant operation.
It cannot simply rewrite the old beer application into a broader filing covering the restaurant.
A new application may be appropriate.
Should Trademark Classes Be Reviewed When the Business Expands?
Yes.
Portfolio review should occur when the alcohol company:
launches a new beverage category,
opens a tasting room,
creates a meaningful merchandise program,
begins custom manufacturing,
introduces educational programs,
or opens a separate retail operation.
The company’s business may expand much faster than its original federal registrations.
A periodic class audit helps identify those gaps.
Does Every Trademark Class Need Its Own Specimen?
When specimens are required, the USPTO generally requires one specimen for each class.
The specimen must show genuine trademark use with the goods or services in that class.
A photograph of a beer can may support Class 32 beer.
That same photograph ordinarily does not demonstrate restaurant services in Class 43 or clothing in Class 25.
Each part of the filing should correspond to real commercial use.
What Could Be a Specimen for Class 32 Beer?
For goods, USPTO specimen guidance recognizes items such as labels, packaging, tags, product photographs, and qualifying point-of-sale materials.
An alcohol producer may therefore preserve photographs of genuine cans, bottles, labels, or other packaging showing the trademark in actual commerce.
What Could Be a Specimen for a Taproom in Class 43?
For services, the USPTO recognizes specimens such as advertising, webpages, brochures, signs, or other materials that directly associate the trademark with the services actually being provided.
A qualifying taproom webpage or signage may therefore play a different specimen role from the beer packaging itself.
Can One Website Support Several Classes?
Sometimes.
One specimen may support more than one class if it genuinely demonstrates qualifying use for each claimed class.
But a multiclass applicant should not assume one generic homepage proves every good or service.
The USPTO expressly permits a single specimen to support several classes only when the specimen actually supports them.
Are TTB Alcohol Categories the Same as USPTO Trademark Classes?
No.
TTB and the USPTO administer different regulatory systems.
TTB uses concepts such as alcohol class and type designations for labeling purposes.
For malt beverages, TTB recognizes designations such as beer, ale, lager, porter, and stout under federal labeling rules.
Those terms do not correspond directly to USPTO international trademark classes.
For example, several TTB beverage types can all fall within USPTO Class 32.
Does TTB Label Approval Determine the USPTO Trademark Class?
No.
TTB label compliance and USPTO trademark classification are separate.
An alcohol company may need a proper regulatory designation under TTB rules while also identifying the correct Nice class and USPTO goods wording for its trademark application.
Neither analysis replaces the other.
Does a COLA Give the Alcohol Company Trademark Rights?
No.
A Certificate of Label Approval is a regulatory approval, not a trademark registration.
Trademark clearance and federal trademark protection must be analyzed separately from TTB label approval.
Alcohol businesses should therefore avoid treating regulatory compliance as proof that the brand is legally available.
Do Different Classes Mean Similar Alcohol Brands Can Coexist?
Not automatically.
Current TMEP guidance explains that goods and services need not be identical or directly competitive for confusion to be possible. The more similar the marks are, the less closely related the goods or services may need to be.
It also expressly states that classification does not control the likelihood-of-confusion analysis.
This means a beer trademark in Class 32 can potentially encounter a similar mark involving other alcoholic products or hospitality services.
Class numbers help organize the application.
They do not establish trademark availability.
Scenario: A Brewery Sells Beer and Operates a Taproom
Suppose HARBOR FORGE sells packaged beer and operates a substantial taproom under the same mark.
Beer generally belongs in Class 32.
Its food and drink services may implicate Class 43.
The brewery should therefore consider whether its federal portfolio should cover both the product and hospitality components of the business.
Scenario: A Distillery Adds a Nonalcoholic Product
Suppose a distillery owns a Class 33 registration for whiskey and launches a zero-proof beverage under the same house mark.
Class 33 specifically excludes de-alcoholized beverages, while Class 32 includes them.
The existing spirits registration should therefore be reviewed before management assumes the nonalcoholic extension is directly covered.
Scenario: A Brewery Begins Contract Brewing
Suppose a brewery originally produces only its own beer.
Several years later, it begins manufacturing beer for other beverage startups according to their specifications.
Its own beer remains a Class 32 product.
The contract-production service can present a Class 40 issue because Nice classification treats custom manufacturing for others as a service, and current Class 43 guidance specifically directs beer brewing for others to Class 40.
Scenario: A Winery Opens a Restaurant
Suppose a winery owns a Class 33 registration for its wine.
It later opens a full restaurant under the same house mark.
Wine remains in Class 33.
Restaurant and food-and-drink services generally fall in Class 43.
The original wine registration does not automatically transform into a restaurant-service registration.
Scenario: A Brewery Launches a Large Merchandise Program
Suppose a beer brand becomes popular and begins selling shirts, hats, and drinking glasses nationwide.
Class 25 covers clothing and headwear.
Class 21 includes glassware and certain beverageware.
If those categories become meaningful commercial product lines, additional trademark applications may be worth considering.
Alcohol Trademark Classification Perspective: Classify the Business, Not Just the Bottle
The strongest way to determine trademark classes for an alcohol company is to describe what customers actually buy.
If customers buy beer, start with Class 32.
If they buy wine or spirits, start with Class 33.
If they visit a branded bar, restaurant, or taproom, consider Class 43.
If the company provides custom beverage manufacturing for others, Class 40 may become relevant.
If customers purchase educational programs or entertainment services under the mark, Class 41 may deserve consideration.
If the company runs a genuine retail service, Class 35 may apply.
If customers purchase branded clothing or glassware, Classes 25 and 21 may become part of the portfolio.
That approach produces a trademark filing tied to the actual business rather than a generic idea of the alcohol industry.
Frequently Asked Questions About Alcohol Trademark Classes
What trademark class is beer?
Beer generally belongs in International Class 32.
Is beer in Class 33?
No. Current Class 33 expressly excludes beer, which generally belongs in Class 32.
What trademark class is wine?
Wine generally belongs in Class 33.
What trademark class is whiskey?
Whiskey generally falls in Class 33.
What trademark class is bourbon?
Bourbon generally falls in Class 33 as an alcoholic spirit.
What trademark class is vodka?
Vodka generally falls in Class 33.
What trademark class is gin?
Gin generally falls in Class 33.
What trademark class is rum?
Rum generally falls in Class 33.
What trademark class is alcoholic cider?
Alcoholic cider generally belongs in Class 33.
What trademark class is nonalcoholic beer?
Many nonalcoholic and de-alcoholized beverages fall in Class 32.
Can an alcohol brand need both Classes 32 and 33?
Yes. A company selling beer and spirits, for example, may require both.
What class is a brewery taproom?
Food-and-drink services commonly implicate Class 43.
What class is a cocktail bar?
Bar services generally fall in Class 43.
What class is a winery restaurant?
Restaurant services generally fall in Class 43.
What class is an online alcohol store?
Qualifying retail services can fall in Class 35, depending on the business model.
Does selling my own beer automatically require Class 35?
No. Current Nice guidance states that the sale of goods itself is not considered a service for classification purposes.
What class is contract brewing?
Brewing beer for others can implicate Class 40.
What class is custom winemaking?
Wine making for others can fall in Class 40.
What class are brewery educational tours?
Qualifying educational or entertainment services may fall in Class 41.
What class are brewery shirts and hats?
Clothing and headwear generally fall in Class 25.
What class are brewery glasses or barware?
Many glassware and beverageware products fall in Class 21.
Can one trademark application contain several classes?
Yes, provided the applicant satisfies the requirements for every claimed class.
How much is the USPTO filing fee per class in 2026?
The current base filing fee is $350 for each class in a qualifying Section 1 or Section 44 application.
Does each class need a specimen?
When specimens are required, the USPTO generally requires a specimen supporting each class.
Can I register an entire trademark class?
No. The trademark is registered for specifically identified goods or services within the class.
Should I use the USPTO ID Manual?
Yes. It provides pre-approved identification language and classification guidance.
Can I broaden the goods and services later?
No. Current TMEP §1402.06 permits clarification or limitation but prohibits broadening the identification after filing.
Does being in a different trademark class prevent likelihood of confusion?
No. TMEP guidance expressly states that classification has no bearing on the likelihood-of-confusion analysis.
Are TTB beverage classes the same as USPTO trademark classes?
No. TTB alcohol-labeling categories and USPTO international trademark classes are separate regulatory systems.
Final Thoughts
The most important trademark classes for alcohol companies begin with a simple distinction.
Beer generally belongs in Class 32.
Wine and most alcoholic beverages other than beer, including distilled spirits, generally belong in Class 33.
But that is only the beginning.
Modern alcohol companies frequently operate businesses that extend far beyond the bottle or can.
A brewery may operate a taproom.
A winery may provide educational tastings.
A distillery may run a cocktail bar.
A producer may manufacture beverages for third parties.
A brand may sell apparel, glassware, or other merchandise.
A retailer may operate a store or online marketplace.
Those activities can create additional trademark classes.
Class 43 can become important for hospitality.
Class 40 can matter for custom production.
Class 41 can apply to qualifying education and entertainment.
Class 35 can cover appropriate retail and business services.
Class 25 covers clothing.
Class 21 includes glassware and related household or kitchen products.
The strongest filing strategy should therefore begin with the company’s actual business model.
The applicant should identify what customers purchase today and what the company genuinely intends to offer under the mark.
It should then use accurate USPTO ID Manual language.
The company should avoid adding speculative classes merely to make the trademark portfolio look larger.
Each additional class creates its own filing costs and use requirements.
When specimens become necessary, every class must be supported appropriately.
The company should also remember that a class number does not define whether the trademark is legally available.
Two alcohol brands can fall in different classes and still create a likelihood-of-confusion issue.
Current TMEP guidance expressly states that classification does not control that analysis.
Finally, trademark classification should evolve with the company.
A brewery that originally sells only beer may later open a restaurant.
A winery may develop a merchandise business.
A spirits company may launch a zero-proof product.
A producer may begin contract manufacturing.
Existing identifications generally cannot simply be broadened to capture those new activities after filing.
The strongest alcohol trademark portfolio is therefore not the one with the greatest number of classes.
It is the one whose classes and identifications accurately reflect what the business sells, what services customers actually receive, and where the company is realistically growing next.
Primary Authorities and Sources
The principal authorities and official resources relevant to this article include the Nice Classification, Thirteenth Edition, Version 2026; USPTO guidance confirming that NCL 13-2026 became effective January 1, 2026; current Nice Class 32 and Class 33 headings and explanatory notes; current Class 35, 40, 41, and 43 explanatory notes; current Class 21 and Class 25 guidance; the USPTO Acceptable Identification of Goods and Services Manual; TMEP §1402.06 concerning the prohibition against broadening an identification after filing; TMEP §1207.01 concerning likelihood of confusion and related goods or services; USPTO multiclass-application and specimen guidance; current USPTO trademark-fee guidance; and TTB alcohol-labeling guidance concerning beer class and type designations.
About the Author
Abraham Cohn is the Founder of Cohn Legal, PLLC and a U.S. trademark attorney. His practice focuses on trademark clearance, federal trademark registration, goods and services classification, trademark portfolio strategy, USPTO Office Actions, TTAB disputes, licensing, and enforcement for startups, alcohol businesses, consumer brands, and growing companies.