Trademark Registration of Flavoured Beer and Non-Alcoholic Beer

Trademark Registration of Flavoured Beer and Non-Alcoholic Beer in Class 32

Introduction

The demand for flavoured beer and non-alcoholic beer has significantly increased due to consumer preferences for low-alcohol and innovative beverage options. With this growing market, securing a trademark is crucial to protect brand identity and prevent infringement.

This blog provides a detailed guide on the trademark registration process for flavoured beer and non-alcoholic beer in Class 32, common industry conflicts, ways to avoid trademark disputes, and examples of leading registered beer brands in India.

Trademark Classification of Flavoured Beer and Non-Alcoholic Beer

Flavoured beer and non-alcoholic beer fall under Class 32 of the Nice Classification (NCL), which includes:

• Beers, including flavoured and non-alcoholic varieties

• Mineral and aerated waters

• Soft drinks and other non-alcoholic beverages

• Preparations for making beverages

Exclusions:

• Alcoholic beers and spirits fall under Class 33.

• Brewery production services are categorized under Class 40.

Complete Process of Trademark Registration for Flavoured Beer & Non-Alcoholic Beer

Step 1: Conducting a Trademark Search on the Public Search Portal

Before filing a trademark, conducting a public search on the Indian Trademark Registry Portal is essential to check for existing trademarks. Steps include:

1. Visit the IP India Trademark Public Search website.

2. Select Class 32.

3. Enter the proposed brand name.

4. Analyze existing trademarks to avoid conflicts.

5. Consider phonetic and conceptual similarities.

Step 2: Determining a New Brand Name

To create a strong, registrable trademark, follow these guidelines:

• Choose a distinctive and unique name.

• Avoid generic and descriptive terms like “Flavoured Beer” or “Non-Alcoholic Beer.”

• Ensure phonetic dissimilarity from existing brands.

• Secure domain names for online branding.

Step 3: Filing the Trademark Application

Trademark applications can be filed via the IP India Portal or through an IP attorney. Required details include:

• Applicant’s name and address

• Brand name/logo

• Description of goods (Flavoured Beer, Non-Alcoholic Beer, etc.)

• Power of Attorney (if filed through an agent)

• Trademark classification (Class 32)

• Government Fees (₹4,500 for Individuals, ₹9,000 for Companies)

Step 4: Examination & Objections

• The Trademark Registrar examines the application.

• If similar marks exist, objections may arise.

• A response must be filed within 30 days.

Step 5: Opposition Period

• If no opposition is filed within 4 months, the trademark proceeds to registration.

• If opposed, a reply is required to counter objections.

Step 6: Trademark Registration

• If all steps are cleared, the Trademark Registration Certificate is issued.

• The trademark remains valid for 10 years and can be renewed indefinitely.

Challenges and Rising Conflicts in Flavoured Beer & Non-Alcoholic Beer Industry

Several factors contribute to trademark disputes in this sector:

1. Phonetic Similarities – Similar sounding names can lead to conflicts.

2. Descriptive Brand Names – Terms like "Flavoured Beer" may be rejected.

3. Global Trademark Conflicts – International brands may challenge local trademarks.

4. Consumer Confusion – Misleading branding can lead to opposition.

5. Logo and Packaging Similarity – Visual similarities cause disputes.

6. Prior User Rights – Regional brands with prior usage may claim infringement.

7. Trademark Squatting – Third parties may register a name to block competition.

8. Use of Geographic Indicators – Names linked to locations may be contested.

9. Market Expansion Issues – Entering new markets can lead to objections.

10. Unregistered Well-Known Marks – Even unregistered but famous brands can pose legal risks.

10 Ways to Avoid Trademark Conflicts in Class 32 for Flavoured Beer & Non-Alcoholic Beer

1. Create an Invented Name – Avoid generic words like "Flavoured" or "Beer".

2. Conduct Comprehensive Searches – Check the IP India Trademark Registry.

3. Avoid Phonetic Similarity – Ensure pronunciation differences.

4. Register Both Logo & Word Mark – Protect brand identity holistically.

5. Differentiate Label & Packaging – Unique design reduces conflict risk.

6. Secure Domain Names – Protect digital presence early.

7. Check International Availability – Avoid conflicts with global brands.

8. Register in Additional Classes – Cover wider business operations.

9. Monitor Opposition Notices – Track objections against new marks.

10. Seek Legal Guidance – An IP attorney helps in smooth registration.

How to Mitigate Rising Conflicts in the Beer Industry?

1. Early Filing for Priority Rights – Secures legal protection in advance.

2. Negotiation & Settlement Agreements – Reduces lengthy disputes.

3. Rebranding Strategies – Minor modifications can ensure approval.

4. Cease & Desist Notices – Prevent unauthorized use.

5. Trademark Watching Services – Monitor registry for potential conflicts.

6. Licensing & Co-Existence Agreements – Resolve disputes amicably.

7. Educating Consumers – Strong branding builds market recognition.

8. Filing International Trademarks – Ensures global protection.

9. Legal Recourse in IP Courts – Enforce rights through litigation.

10. Regular Renewal & Monitoring – Avoid trademark lapses.

Leading Flavoured Beer Brands and Registered Trademarks in India

1. Kingfisher Radler

2. Simba Stout

3. Bira 91 Mango Lassi

4. Arbor Beach Shack

5. White Owl Vanilla Porter

6. BeeYoung Apple Lager

7. Goa Brewing Kokum Beer

8. Independence Brewing Cherry Ale

9. Great State Mango Gose

10. Doolally Strawberry Mead

Leading Non-Alcoholic Beer Brands and Registered Trademarks in India

1. Heineken 0.0

2. Kingfisher Ultra Non-Alcoholic

3. Budweiser 0.0

4. Hoegaarden 0.0

5. Bavaria 0.0%

6. Beck’s Blue

7. Clausthaler Original

8. Peroni Libera 0.0

9. Suntory All-Free

10. Tennent’s Zero

Conclusion

Trademark protection for Flavoured Beer and Non-Alcoholic Beer in Class 32 is essential for securing brand identity. Businesses must follow a strategic registration process, conduct thorough searches, and implement conflict-avoidance measures to prevent disputes.

For expert assistance in trademark registration and legal protection, consult a professional IP attorney today!