The American drinking landscape is undergoing a dramatic transformation. While alcohol used to be a staple for late nights, social gatherings, and weekend relaxation, today's consumers are increasingly mindful about their alcohol consumption. This shift has created unprecedented opportunities in the non-alcoholic (“N/A”) beverage market, and equally significant trademark risks for established alcohol brands.
The Rapid Decrease of Alcohol Consumption and the Exploding N/A Beverage Market
An August 2025 study from Gallup, an analytics company that has been tracking America’s alcohol consumption since 1939, reveals record low alcohol consumption rates. In the survey, only 54% of adult respondents report that they consume alcohol. This marks a significant decline from 60% in 2021 and 64% in 2015.
The trend is particularly pronounced among women, with female drinkers falling 11 percentage points since 2023, compared to only a 5-percentage-point decrease among men during the same period. Even more telling, among Americans who do drink, only 24% had consumed an alcoholic beverage in the past 24 hours—another record low that demonstrates decreased frequency among active drinkers.
A primary catalyst behind this transformation is health consciousness. A striking 53% of Gallup respondents now believe that even “moderate” alcohol consumption (meaning 1-2 drinks per day) negatively affects one's health. This number is up from 45% in 2024 and just 39% in 2023.
The Rise of the American N/A Beverage Market
As demonstrated by the data, Americans are committing to or experimenting with dry lifestyles now more than ever. In addition to traditional sobriety (where no alcohol is consumed), there is a rapidly increasing “sober curious” movement which focuses on drinking less frequently and more mindfully overall. Sober curious individuals might enjoy drinks only on select weekends or special occasions while prioritizing N/A alternatives in their daily lives. Sober curious people are also more likely to participate in dry periods such as the increasingly popular “Dry January”, where they commit to consuming zero alcohol in the entire month of January to reset after holiday festivities.
Following the trend of decreased alcohol consumption, the N/A “cocktail” (also known as the “mocktail”) market has been exploding. In fact, North America’s ready-to-drink mocktail market has surged from approximately $6 billion in 2018 to $8.7 billion in 2024, with projections reaching $12.1 billion by 2030. The hospitality industry has followed suit, with many bars and restaurants creating extensive mocktail menus. There are even new establishments promoting themselves as completely alcohol-free “bars”. Traditional alcoholic beverage manufacturers have also adapted, rapidly introducing 0% wines, beers, spirits, and mocktails to capture this growing market segment.
Navigating Trademark Risk for Alcoholic Beverage Brands in an N/A Future
As new players flood the N/A space, they may be tempted to utilize naming conventions, packaging, and branding that closely mirror those of well-known alcohol brands in order to appeal to consumers and ultimately increase consumer attraction. This could potentially weaken the marketplace strength of established alcoholic beverage providers’ marks.
Risks to Marketplace Strength for Alcohol Brand Trademarks
In trademark law, marketplace strength refers to how recognizable and established a brand is among consumers. This concept is crucial in determining whether there is a likelihood of confusion among two marks - the primary standard in trademark infringement cases. When new N/A brands adopt similar naming or visual elements to established alcohol brands, they may simultaneously be weakening the established mark's marketplace strength. To maintain their marketplace strength, brand owners must continuously "police" their marks by monitoring their usage and preventing others from using the mark (or confusingly similar marks) on related goods and services.
Trademark Enforcement for Alcoholic Beverage Brands
To effectively police their marks, alcoholic beverage producers should have a robust trademark enforcement strategy. The cornerstone of trademark enforcement involves subscribing to and monitoring watch reports. Watch reports enable trademark owners to safeguard their brands by identifying potential infringements early and opposing problematic trademark applications before registration. These services track your trademarks across various jurisdictions and alert your attorney when similar marks are published or about to be published within your specified parameters. The beverage industry benefits from relatively straightforward monitoring since there are only two primary beverage classes: Class 32 (N/A beverages and beer) and Class 33 (alcoholic beverages, excluding beer). A typical watch report will identify:
- Similar marks in identified classes;
- The jurisdiction in which the application is being filed;
- Details about the mark;
- Details about the applicant; and
- The deadline to file an opposition.
Your attorney consistently monitors the watch reports and alerts you as necessary regarding any concerning applications.
Key Takeaways from the N/A Movement for Beverage Brands
The N/A movement represents a permanent shift in consumer behavior, not a passing fad. Success in this new environment requires a dual approach: strategic market adaptation and vigilant trademark protection.
Strategic Market Adaptation
Established alcoholic beverage producers should seriously consider entering this market segment—and doing so under their established brands—to capture new revenue streams and maintain relevance with evolving consumer preferences.
Protecting Alcoholic Beverage Trademarks
Regardless of market participation, alcoholic beverage producers must safeguard their existing trademarks. This means preventing other brands from associating themselves with your established marks and potentially weakening your marketplace strength. A professional watch service provides a simple and cost-effective method to maintain trademark strength and prevent competitors from inappropriately leveraging your established brand equity. By implementing comprehensive watch services and maintaining active trademark enforcement, beverage brands can protect their valuable intellectual property while positioning themselves for success in the N/A future.
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