INTERNATIONAL
CLASS 32
(Beer, waters and fruit drinks)
GENERAL SCOPE OF CLASS 32: Beers;
mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit
juices; syrups and other preparations for making beverages.
1. SEARCHING
a.
|
RELATED INTERNATIONAL CLASSES |
|
|
29 |
Food
and beverages |
|
30 |
Food
and beverages |
|
31 |
Unprocessed
foods |
|
33 |
Alcoholic
beverages |
|
5 |
Baby
food, diet food, dietary food supplements |
|
35 |
Grocery
stores and delicatessens |
|
43 (form-er
42) |
Restaurants
and catering services |
b. USING COORDINATED
CLASSES
029[CC]: yields 005, 030, 031,
032, 033, 035, 042, 043, A, B, 200
030[CC]:
yields 001, 005, 029, 031, 032, 033, 035, 042, 043, A, B, 200 (Usually,
most useful to search)
031[CC]: yields 005, 029, 030, 035, 042, 043, 044, A, B, 200
032[CC]: yields 005, 029, 030, 031, 033, 035, 042, 043, A, B, 200
033[CC]: yields 005, 029, 030, 031, 032, 035, 042, 043, A, B, 200
2. IDENTIFICATION
ISSUES
·
beer
and ale
·
sweet
cider
·
non-alcoholic cocktail mixes
·
coffee-flavored
ale, beer or soft drinks
·
smoothies
(regardless of the base)
·
sports
drinks
·
extracts
of hops for making beer
·
malt
liquor [beer or ale]
·
de-alcoholized
or non-
alcoholized wine
b. CERTAIN GOODS ARE
EXCLUDED FROM CLASS 32
·
distilled
liquor or spirits – 33
·
hard
cider – 33
·
prepared
alcoholic cocktail – 33
·
coffee
– 30
·
fresh,
raw or unprocessed hops – 31
·
wine
– 33
·
brewed
alcoholic beverages - 33
c. INDEFINITE TERMINOLOGY
·
Beverages
·
Syrups
·
Drinks
·
Syrups for making beverages
NOTE: This class includes beers
and non-alcoholic drinks but does not include milk beverages or beverages with
coffee, cocoa or chocolate bases.
Beverages for medical purposes are not in this class either.
3. DESCRIPTIVE REFUSALS
Evidence
Two
useful on-line resources for class 32 examination are:
SOME DESCRIPTIVE TERMS
LITE
(or LIGHT) is a generic term for beer and at least descriptive of other foods
and beverages. SPRING(S) and GLACIER
are descriptive for waters.
4. SPECIMEN ISSUES
Menus are acceptable where the mark is used to identify certain beverage items that have been prepared for consumption on or off the premises. See In re Marriott Corporation, 173 USPQ 799 (CCPA 1972), where “TEEN TWIST” was used on a menu to designate a ham, cheese and tomato sandwich. However, please note In re Brown & Portillo Inc., 5 USPQ2d 1381 (TTAB 1987) and In re El Torito Restaurants Inc., 9 USPQ2d 2002 (TTAB 1988) in which a term used to identify a single menu item found not to function as a service mark to identify restaurant services.
A mark displayed on a truck with refrigeration is an acceptable use since the truck acts as a container for the goods and a photograph of the truck with that display serves as an acceptable specimen. See In re E.A. Miller & Sons Packing Co., Inc., 225 USPQ 592 (TTAB 1985).
Displays associated with the goods are sometimes submitted. These are usually acceptable if it is clear how such displays are used with the goods. If there is doubt, an explanation should be required.
5. OTHER REFUSAL/REQUIREMENTS
- Configurations – There are many bottle configuration marks in this class. See In re Mogen David Wine Corporation, 152 USPQ 593 (CCPA 1967) and In re McIlhenny Company, 126 USPQ 138 (CCPA 1960).