Since 15 September, Rouse and several other IP firms practising in the UAE have reported that the Ministry of Economy and Tourism and its Trade Mark Office are accepting trade mark applications for alcoholic beverages in Class 33 with immediate effect, and that beer can now be named as such in Class 32. Until now Class 33 was not available in the UAE under local policy, so owners of wine and spirits brands generally protected themselves indirectly through fallback classes such as non-alcoholic beverages in Class 32. The reports state that this is a change in Trade Mark Office practice and requires no amendment to the UAE Trade Mark Law. At the time of writing, no separate press release appears on the ministry's website; its trade mark registration service page lists no restriction on classes of goods, and ordinary applications continue to follow examination (a decision within 90 days of filing), publication in the official bulletin, a 30-day opposition period and registration on payment of the fee.
One distinction matters: a registrable mark does not mean that alcoholic beverages may be imported, distributed, advertised or sold, which remain governed by federal and emirate-level regulatory and licensing regimes. J&C recommends that drinks, hotel, duty-free and travel groups review their UAE trade mark portfolios now: file Class 33 applications for the main brand and core sub-brands without delay and name beer expressly in Class 32, while keeping existing Class 32 fallback registrations; manage trade mark registration separately from import, sales and advertising licences, and do not treat a registration as a basis for alcohol-related trading before the relevant permits are in place; and watch for any formal notice or examination guidance from the Trade Mark Office.
