UAE Opens Trademark Protection for Alcoholic Beverages in Class 33 – Is It Time to Review Your Portfolio?

An important development in trademark protection has taken place in the United Arab Emirates (UAE).

Trademark applications covering alcoholic beverages in Class 33 are now being accepted in the UAE, opening a new avenue of protection for owners of wine, spirits and other alcoholic beverage brands.

For brand owners with existing international trademark portfolios, this development presents an opportunity to review their current protection and consider whether the UAE should now be added to their trademark strategy.

A Previous Gap in Trademark Protection

Until recently, trademark owners could not obtain registration in the UAE for alcoholic beverages falling within Class 33.

This meant that international owners of wine and spirits brands could have extensive trademark portfolios covering numerous jurisdictions while being unable to obtain equivalent Class 33 protection in the UAE.

The position has now changed.

Brand owners can therefore consider securing trademark protection in the UAE specifically for their alcoholic beverage products.

What About Existing International Registrations?

The development is particularly relevant to owners of International Registrations under the Madrid System.

Many international alcoholic beverage brands already have International Registrations covering Class 33 and designating numerous countries around the world.

Where an existing International Registration already covers the relevant Class 33 goods, but protection has not been extended to the UAE for those goods, brand owners should now consider whether the UAE can be added through a subsequent designation under the Madrid System.

This may provide an efficient way of extending an existing international trademark portfolio to include the UAE.

However, it is important to distinguish this situation from one where the existing International Registration does not cover Class 33. The Madrid System does not permit additional goods or classes to be added to the scope of an existing International Registration. In such cases, a separate filing strategy will need to be considered.

An Opportunity to Review Existing Portfolios

The change provides a useful opportunity for owners of alcoholic beverage brands to review their trademark portfolios and consider:

• whether their principal brands are already protected in Class 33;
• whether existing International Registrations covering Class 33 could now be extended to the UAE;
• whether important house marks, product names or labels remain without protection in the UAE; and
• whether a national UAE application or an international filing strategy would be the most appropriate route for obtaining protection.

This may be particularly relevant for brand owners that previously considered protection in the UAE but were unable to secure registration for their Class 33 products.

Protection Before Market Entry

Trademark protection should not necessarily be considered only when a brand is already being sold in a particular market.

For businesses contemplating future expansion into the UAE, securing trademark rights at an early stage can form part of a wider brand protection and market-entry strategy.

The opening of Class 33 therefore creates an opportunity not only for businesses already active in the UAE, but also for alcoholic beverage producers and brand owners that may consider entering the market in the future.

Trademark Registration and the Sale of Alcohol Are Separate Issues

It is important to distinguish between trademark protection and the regulatory framework governing alcoholic beverages.

Obtaining a trademark registration in Class 33 protects the relevant trademark. It does not, by itself, authorise the importation, distribution, marketing or sale of alcoholic beverages in the UAE. Those activities remain subject to the applicable regulatory and licensing requirements.

Time to Review Your UAE Trademark Strategy

For owners of wine, spirits and other alcoholic beverage brands, the opening of Class 33 represents a significant development in UAE trademark protection.

Businesses with existing international portfolios should consider reviewing them now to identify whether protection can be extended to the UAE and whether previously unavoidable gaps in their trademark portfolios can finally be addressed.

MICHAELIDOU & CONSTANTINOU L.L.C. – Lawyers – Legal Consultants manages trademark portfolios worldwide, assisting brand owners with the protection, maintenance and strategic expansion of their trademarks across multiple jurisdictions.

In light of this recent development, we can assist brand owners in reviewing their existing trademark portfolios, identifying gaps in protection in the UAE and determining the most appropriate route for securing protection for alcoholic beverage brands in Class 33.

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