Industry guide · Beverages
How to trademark a beverage brand: soft drinks, beer, wine and spirits
From a cold brew start-up to a craft brewery or a small winery: which class you need, why beer, wine and spirit names often clash, and how TTB label approval fits around your USPTO filing.
By Bill, Business Growth Expert · Verified and checked on October 17, 2026
Short answer
Non-alcoholic drinks and beer go in Class 32. Wine and spirits go in Class 33. Coffee and tea are Class 30. Search across all of these classes, not just your own, because the USPTO often treats beer, wine and spirits as related. If you sell alcohol across state lines, you will also need TTB label approval before bottling. That is a separate approval, and it doesn't replace a trademark.
Which trademark class does your drink belong in?
The class follows what is in the bottle, not how you market it. These two classes cover most beverage brands:
Class 32
Beer and non-alcoholic drinks
- Beer, ale, lager and other malt-based beers
- Soft drinks, sparkling and flavored water
- Fruit juices and smoothies
- Energy drinks and sports drinks
- Non-alcoholic beer
Class 33
Wine and spirits
- Wine, sparkling wine and cider
- Spirits such as vodka, gin, whiskey and tequila
- Liqueurs and pre-mixed cocktails
- Other alcoholic beverages, except beer
A few products sit elsewhere. Coffee and tea are in Class 30, and drinks sold as dietary supplements can fall in Class 5. If you run a taproom or tasting room, bar services are in Class 43. For drinks that straddle categories, such as hard seltzer or ready-to-drink cocktails, check the exact entry in the USPTO's ID Manual instead of guessing. The answer can depend on the alcohol base. Our trademark classes guide explains how to read those entries.
Why do brewery, winery and distillery names clash so often?
Three things make alcohol names harder to clear than most:
Beer, wine and spirits are treated as related goods
USPTO examining attorneys regularly find that consumers expect one producer to make more than one kind of alcoholic drink. A wine label can therefore block a beer name, even though they sit in different classes. Always search Class 32 and Class 33 together. See how likelihood of confusion works.
The register is crowded
Animal names, local landmarks, hops and grape terms, and “old” or “reserve” style words are already used by thousands of producers. A name that feels original to your town may already be registered three states away.
Place names carry special rules for wine and spirits
Section 2(a) of the Lanham Act bars registration of a geographical indication on wine or spirits when it names a place other than where the product comes from. This applies to marks first used on or after January 1, 1996. A geographic word that accurately describes where you are can also be treated as descriptive, so it may need to be disclaimed.
Brewers and winemakers also tend to launch many product names over time, one for each beer or vintage. You don't need to register every seasonal release. Protect the house brand first, then the flagship products you will sell for years.
How does TTB label approval fit with your trademark?
Alcohol brands deal with two federal agencies that do very different jobs:
TTB Certificate of Label Approval (COLA)
- Approves the label itself: required statements, alcohol content, class and type
- Required for distilled spirits, wines with 7% to 24% alcohol by volume, and malt beverages made with both malted barley and hops
- Must be obtained by the bottler before bottling, or by the importer before release from Customs
- Products sold only in the state where they are bottled may qualify for an exemption
- Does not give you any trademark rights
USPTO trademark registration
- Protects the brand name or logo for the goods you list
- Gives nationwide priority dating back to your filing date once registered
- Covers non-alcoholic drinks too, which need no COLA
- Can be filed before launch on an intent-to-use basis
- Does not approve your label for sale
The two connect at one important point. The USPTO only recognizes lawful use in commerce. In Stawski v. Lawson, the Trademark Trial and Appeal Board refused to count wine sales made before the required COLAs were obtained, so those sales could not establish the seller's priority. If you need a COLA, get it before you rely on sales to claim use.
In what order should a new beverage brand do things?
- 1
Clear the name
Search Classes 32, 33 and 30 for similar names, not only identical ones. A comprehensive search catches sound-alikes and variations.
- 2
File an intent-to-use application
Reserve your priority date while the label is still in design.
- 3
Design the label around the approved name
This avoids paying to redesign it after a refusal.
- 4
Apply for your COLA, if one is required
Do this before bottling, through TTB.
- 5
Launch and sell across state lines
Keep dated photos of the labeled product and invoices.
- 6
File your Statement of Use
Submit a photo of the real labeled bottle or can as your specimen ($150 per class). See what a Statement of Use involves.
How much does it cost to trademark a beverage brand?
The USPTO charges $350 per class. A soda or beer brand filing in Class 32 alone pays $350. A producer making both beer and wine pays $700 for Classes 32 and 33. Add $150 per class for a Statement of Use if you file before launch, and $200 per class if you write your own description instead of using the ID Manual.
TTB doesn't charge for a COLA application. Your costs there are label design and any changes TTB asks for. Secure Mark USA's service fee starts at $99. Start your trademark application when your search comes back clear.
Launching a drink? Check your name before the label goes to print.
Run a free trademark searchBeverage trademark questions
What class is beer in for trademarks?
Beer is in Class 32, along with non-alcoholic drinks like soft drinks, juices and energy drinks. Wine and spirits are in Class 33.
Is wine Class 32 or Class 33?
Wine is Class 33, which covers alcoholic beverages except beer. Because the USPTO often treats beer and wine as related, a wine brand should still search Class 32 for conflicts.
Do I need a COLA before I can trademark my alcohol brand?
You can file a trademark application before you have a COLA, and an intent-to-use application is a good way to do that. But if your product needs a COLA, sales made without one may not count as lawful use, so get the COLA before you rely on sales to prove use.
Does TTB label approval protect my brand name?
No. A COLA only approves the label for sale. It gives you no rights against another company using a similar name. Trademark protection comes from use and from USPTO registration.
Can I use my town or region in my winery or brewery name?
Often, but it may need to be disclaimed as descriptive. For wine and spirits, a geographical indication that names a place other than where the product actually comes from cannot be registered.
Legal disclaimer: This guide is general information, not legal or regulatory advice. Secure Mark USA is a trademark filing service, not a law firm, and does not handle TTB label applications. Alcohol labeling and distribution rules also vary by state. Check current TTB requirements and consult a licensed attorney for disputes or regulatory questions.
Sources
- USPTO: Fee schedule, checked October 17, 2026
- USPTO: Trademark ID Manual
- TTB: Label approval basics (who needs a COLA and when)
- 15 U.S.C. §1052(a): geographical indications on wines and spirits
- Libation Law Blog: TTAB decision in Stawski v. Lawson on COLAs and lawful use
Verified and checked on October 17, 2026.