Introduction
For decades, the United Arab Emirates (UAE) presented a unique challenge for global beverage brands seeking to establish and protect their intellectual property rights. As one of the world’s leading hubs for tourism, hospitality and luxury retail, the UAE has long supported a thriving market for premium wines, spirits and other alcoholic beverages. However, its trademark registration framework presented a notable gap: Nice Class 33, which covers alcoholic beverages other than beer, was not available for direct national trademark filings. As a result, brand owners were required to rely on alternative strategies to protect their alcoholic beverage brands, including seeking registration under Class 32, which primarily covers beer and non-alcoholic beverages, or Class 35, which covers retail and related services. While these approaches offered some degree of protection, they did not provide the same direct and comprehensive protection for the underlying alcoholic beverage goods.
This position has now changed. The UAE Ministry of Economy has begun accepting direct national trademark applications under Nice Class 33, marking a significant development in the country’s trademark landscape for the alcoholic beverage industry. The change brings the UAE’s national trademark framework closer to the internationally recognised Nice Classification system and provides brand owners with a more direct avenue for securing trademark protection for wines, spirits, liqueurs, whisky, vodka, gin, rum and other alcoholic beverages.
The Nice Classification is an internationally recognised system used to categorise goods and services for trademark registration. Under this system, Class 33 covers alcoholic beverages, except beer, while Class 32 continues to cover beer along with non-alcoholic beverages. Accordingly, businesses with portfolios spanning both beer and spirits should carefully assess their trademark strategy and consider protection under both Class 32 and Class 33, either through a multi-class application where available or through separate applications.
The UAE’s acceptance of Class 33 filings therefore represents an important development for international beverage brands, particularly those seeking to expand or strengthen their trademark portfolios in one of the region’s most commercially significant markets.
The Limitations of the Earlier Trademark Framework
Before the recent shift, securing trademark protection for a whisky, wine or spirits brand in the UAE could be a complicated exercise. In the absence of direct protection under Class 33, brand owners often had to rely on what may broadly be described as “associated protection” by registering their marks for related goods, such as non-alcoholic beverages, energy drinks, or retail and distribution services. While these registrations could provide some level of protection against obvious misuse, they did not fully address the risks associated with protecting a brand’s core alcoholic beverage products.
One of the key concerns was the risk of non-use cancellation. Trademark laws generally require a registered mark to be used in relation to the goods or services for which it is registered within a prescribed period. Where a spirits brand was registered under Class 32 for goods such as soft drinks, but the mark was actually being used only for vodka or other spirits, questions could arise regarding genuine use of the mark for the registered goods. This could potentially expose the registration to cancellation proceedings initiated by a third party.
The earlier framework also created practical enforcement challenges. Where counterfeit versions of a premium gin, whisky or other spirit entered the UAE market, rights holders seeking enforcement could find themselves relying on a registration covering goods or services that did not directly correspond to the alcoholic beverage being counterfeited. This could make infringement assessments more complex and potentially increase the time and costs associated with enforcement before customs authorities and courts.
More broadly, the absence of direct Class 33 protection created an element of uncertainty for brand investment and market expansion. For international beverage companies, significant investments in advertising, distribution and product launches depend on the ability to secure and enforce rights in the relevant market. The availability of direct Class 33 registration provides a clearer basis for protecting the core brands behind these investments, particularly where businesses are introducing premium, specialised or UAE-exclusive alcoholic beverage offerings.
The development therefore represents more than a procedural change in trademark filing practice. It addresses several practical limitations of the earlier approach and gives owners of alcoholic beverage brands a more direct mechanism for protecting the intellectual property associated with their products in the UAE.
Trademark Protection vs. Commercial Liquor Licenses
A Class 33 trademark registration provides the brand owner with exclusive rights in relation to the registered mark and enables the owner to take action against unauthorised use of the mark by third parties. In practical terms, the registration protects the brand’s intellectual property and helps establish a stronger legal basis for addressing infringement, counterfeiting and unauthorised commercial use.
Trademark registration should not, however, be confused with a commercial licence or an approval to trade in alcoholic beverages. The right to own and protect a trademark is separate from the regulatory permissions required to import, distribute or sell alcohol in the UAE. These activities remain subject to applicable federal and emirate-level regulatory requirements.
Accordingly, an international beverage brand seeking to enter the UAE market must separately ensure that its local commercial arrangements and distribution partners hold the necessary licences and permits for the relevant activities and emirate. In many cases, international brands work through locally licensed importers or distributors that are authorised to handle and distribute alcoholic beverages.
The distinction is therefore straightforward: a Class 33 trademark protects the brand, while the relevant commercial and regulatory licences permit the business to lawfully carry out the underlying alcoholic beverage activities. Both aspects should be addressed as part of a comprehensive UAE market-entry strategy.
Conclusion
The opening of Class 33 marks an important development in the UAE’s trademark landscape, particularly for international beverage brands seeking to establish and protect their presence in the country. By allowing alcoholic beverage brands to obtain direct trademark protection for the goods they actually offer, the change provides greater clarity and strengthens the framework for protecting valuable brand assets.
For businesses operating in the wine and spirits sector, this development also presents an opportunity to reassess existing trademark portfolios and consider whether additional Class 33 protection is appropriate. Direct registration can provide a clearer basis for addressing unauthorised use and counterfeiting while reducing reliance on indirect protection through other classes. As the UAE continues to strengthen its position as a major commercial and hospitality hub, securing appropriate intellectual property protection will remain an important consideration for beverage brands looking to build a long-term presence in the Middle Eastern market.
Author: Akshi Seem, Assocaite Partner and Anushrut Singh Rajawat, Associate
