Sober Curious: How No and Low Alcohol Drinks are Redrawing Legal Lines
The rising popularity of “nolo” – no and low alcohol – beverages is prompting a re-evaluation of intellectual property (IP) strategies within the beverage industry. Traditional breweries and distilleries are increasingly needing to assess their existing trademark portfolios to ensure adequate protection, a trend evidenced by a significant surge in trademark filings for these drinks.
In the UK, 37% of beer trademark filings in 2024 related to non-alcoholic versions, demonstrating continued investment and innovation in the sector. However,this growth also introduces novel legal considerations,particularly concerning trademark classifications and potential conflicts.
Currently, the Nice classification system places low-alcohol beverages in Class 33, while non-alcoholic wines and other non-alcoholic drinks fall into Class 32. Beers, including low-alcohol beers, are also categorized under Class 32.
This classification nuance is becoming increasingly critically important as legal precedent evolves. Historically, alcoholic and non-alcoholic beverages were considered dissimilar. A 2020 decision by the european Union Intellectual property Office (EUIPO) in the case of Fine Wines v Zombie affirmed this, stating that non-alcoholic beverages “…are dissimilar to the Opponent’s goods [wines]. They do not originate from the same companies, do not share their method of use, and they are neither in competition nor complementary.”
However, the EUIPO’s stance has shifted to better reflect current market realities. A recent decision in September 2025 - Fondel Creations v P-Touch Private – found that “The contested alcoholic beverages (except beers) are similar to the opponent’s non-alcoholic beverages in Class 32… Some specific non-alcoholic drinks are similar to some specific alcoholic drinks, for example, alcohol free wine in Class 32 and wine in Class 33…Non-alcoholic wine is intended to be consumed in the same circumstances as alcoholic wine by consumers who cannot, or choose not to, consume alcohol. Since consumers will perceive them as alternative products, they must also be considered to be in competition. It is not uncommon for non-alcoholic wine to be sold in wine shops or specialised wine sections in supermarkets.”
This evolving legal perspective could broaden the scope of protection for trademark owners who hold registrations for either alcoholic or non-alcoholic beverages, as nolo drinks are increasingly perceived as substitutes. As the article quotes, “The risk of conflicts arising from nolo filings could pressure changes to brand enforcement strategies, protection and clearance searches, not only for new entrants on the market, but also for existing brands.”
The shift may lead to conflicts between brands that previously co-existed peacefully, and will require careful monitoring of the market and adjustments to brand protection strategies.
