trademark-class-31
trademark-class-31

Trademark Class 31: Agricultural, Horticultural & Live Animal Products

Trademark Class 31 is an important category within the registration and protection of agricultural, horticultural, and forestry products. The Nice Classification System breaks up trademarks into 45 categories based on the nature of goods and services that fall under each class. Class 31 is exclusively tailored for products that relate to agriculture, fresh foodstuffs, plants, and live animals. Businesses operating within these industries need to recognize the importance of registering their trademarks under this class in safeguarding their intellectual property, increasing brand recognition, and helping businesses stand out in an already competitive marketplace.

The article discusses what Trademark Class 31 entails, which goods are included, and those that are not included. It also explains why businesses should register their trademarks under this class.

What is Trademark Class 31?

Trademark Class 31 encompasses a broad variety of natural products that are mostly in their raw or unprocessed state. It mainly covers items that are part of the food supply chain, animal care, and agriculture, excluding those that are processed or transformed. The class also includes products intended for farming, landscaping, and forestry purposes. This enables the businesses dealing with those products to register their marks for class 31 and achieve the exclusive rights and immunity against counterfeiting and imitation.

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Also, Get to Know What is Class in Trademark

Goods Covered under Class 31 Trademarks

Class 31 trademark contains many categories of raw agricultural, horticultural, and forestry products, together with live animals. Here are some examples of the goods that fall under class 31:

1. Agricultural Products:

  • Unprocessed grains (wheat, rice, corn)

  • Seeds for agriculture

  • Raw agricultural products (e.g., hay, straw, seeds, and plants)

2. Fresh Fruits & Vegetables:

  • Unprocessed fruits and vegetables, such as apples, tomatoes, and cucumbers.

3. Live Animals:

  • Livestock like cows, sheep, and poultry

  • Pets and other live animals

4. Horticultural Products:

  • Plants, flowers, trees, and shrubs

  • Seedlings and plant cuttings

5. Animal Feed & Pet Food:

  • Raw animal feed, pet food, and nutritional supplements for animals

6. Natural Turf and Grass Sod:

  • Turf, sod, and grass for landscaping or agricultural purposes

7. Fish and Seafood:

  • Live fish and shellfish

8. Forestry Products:

  • Timber, unprocessed wood, logs, and bark

Goods Not Covered in Class 31

Even though Class 31 includes a wide range of raw and natural goods, there are some goods that do not fall under this class. These goods fall under other classes, either based on their nature or processing level. Some goods that fall outside Class 31 are:

1. Processed Food Products:

Preparation of foodstuffs made from animal or plant origins, and processed products belonging to classes 29, 30.

2. Medicaments or Pharmaceuticals:

Pharmaceutical preparations, including medicines or vaccines, are included in Class 5.

3. Fertilizers or Chemical products for Agriculture:

Chemicals used in agriculture, such as fertilizers, pesticides, and herbicides, fall under Class 1.

4. Products or Articles for Animal care 

Non-food products intended as animal care products are assigned to class 3 or 28, such as items for grooming, accessories to be used by pets or hygiene items.

5. Agri-Purpose Machinery and Equipments:

Agricultural tools, machinery, or equipment (e.g., tractors, plows) are classified under Class 7.

6. Processed Animak Products: 

Processed Products from animal products like meat, milk products, eggs fall in the Class 29.

Know step by step procedure to Register a Trademark in India

List of Goods in Class 31 of Trademark

Here is the comprehensive list of goods that must be classified under Trademark Class 31:

  • algae for human or animal consumption / seaweed for human or animal consumption

  • algarovilla for animal consumption

  • almonds [fruits]

  • aloe vera plants

  • animal foodstuffs

  • animal fattening preparations / livestock fattening preparations

  • products for animal litter

  • live animals

  • aromatic sand for pets [litter]

  • artichokes, fresh

  • bagasses of cane [raw material]

  • raw barks

  • barley*

  • beans, fresh

  • beet, fresh

  • berries, fresh fruits

  • beverages for pets

  • bird food

  • bran

  • bran mash for animal consumption

  • bred stock

  • cereal seeds, unprocessed

  • chestnuts, fresh

  • edible chews for animals

  • chicory roots

  • chicory, fresh

  • Christmas trees*

  • citrus fruit, fresh

  • cocoa beans, raw

  • coconut shell

  • coconuts

  • copra

  • crayfish, live

  • crustaceans, live

  • cucumbers, fresh

  • cuttle bone for birds

  • distillery waste for animal consumption

  • dog biscuits

  • draff

  • preparations for egg laying poultry

  • eggs for hatching, fertilised

  • fish spawn

  • fish, live

  • fish meal for animal consumption

  • fishing bait, live

  • flax meal [fodder]

  • flower bulbs / bulbs

  • flowers, natural

  • flowers, dried, for decoration

  • fodder / cattle food / forage

  • fruit, fresh

  • fruit residue [marc] / marc

  • garden herbs, fresh

  • garlic, fresh

  • grains [cereals]

  • grains for animal consumption

  • grapes, fresh

  • groats for poultry

  • hay

  • hazelnuts

  • herrings, live

  • hop cones

  • hops

  • juniper berries

  • kola nuts / cola nuts

  • leeks, fresh

  • lemons, fresh

  • lentils, fresh

  • lettuce, fresh

  • lime for animal forage

  • linseed for animal consumption / flaxseed for animal consumption

  • linseed meal for animal consumption / flaxseed meal for animal consumption

  • litter peat

  • lobsters, live

  • locust beans, raw

  • maize

  • maize cake for cattle

  • malt for brewing and distilling

  • mash for fattening livestock

  • meal for animals

  • menagerie animals

  • mushroom spawn for propagation

  • mushrooms, fresh

  • mussels, live

  • nettles

  • nuts [fruits]

  • oats

  • oil cake / cattle cake

  • olives, fresh

  • onions, fresh vegetables

  • oranges, fresh

  • oysters, live

  • palm trees

  • palms [leaves of the palm tree]

  • peanut meal for animals

  • peanut cake for animals

  • peanuts, fresh

  • peas, fresh

  • peppers [plants]

  • pet food

  • pine cones

  • plants

  • plants, dried, for decoration

  • pollen [raw material]

  • potatoes, fresh

  • poultry, live

  • by-products of the processing of cereals, for animal consumption / residual products of cereals for animal consumption

  • rape cake for cattle

  • residue in a still after distillation

  • rhubarb, fresh

  • rice meal for forage

  • rice, unprocessed

  • roots for food

  • rose bushes

  • rough cork

  • rye

  • salmon, live

  • salt for cattle

  • sanded paper for pets [litter]

  • sardines, live

  • sea-cucumbers, live

  • seed germ for botanical purposes

  • seedlings

  • seeds for planting / plant seeds

  • edible sesame, unprocessed

  • shellfish, live

  • shrubs / bushes

  • silkworm eggs

  • silkworms

  • spinach, fresh

  • spiny lobsters, live

  • squashes, fresh / marrows, fresh

  • stall food for animals

  • straw mulch

  • straw litter

  • straw [forage]

  • strengthening animal forage

  • sugarcane

  • trees

  • truffles, fresh

  • trunks of trees

  • tuna, live

  • turf, natural / sod

  • undressed timber

  • unsawn timber

  • vegetables, fresh

  • vine plants

  • wheat

  • wheat germ for animal consumption

  • wood chips for the manufacture of wood pulp

  • wreaths of natural flowers

  • yeast for animal consumption

Also, You might be interest in knowing What is Trademark Infringement

Summing Up 

Trademark Class 31 is a highly prominent class for business concerns to do agriculture, horticulture, and business activity of raw, un-processed products. From fresh produce and live animals to animal feed and forestry products, registration of a trademark in this class will give protection, differentiation, and brand recognition. Businesses can, therefore, prevent counterfeiting, establish credibility, and achieve long-term success in such a competitive and highly regulated industry by securing a trademark in Class 31. Whether you trade in live animals or raw agricultural inputs, it is a milestone step to protect your company's future by registering a trademark.

Trademark Class 31: FAQs

Q1. What are the examples of goods that fall within Trademark Class 31?

Goods such as live animals, fresh fruits and vegetables, plants, animal feed fall under Class 31.

Q2. Can I file processed food in Trademark Class 31?

No. Processed food falls on Trademark Class 29 or 30, not in Class 31.

Q3. Why do you need to file for class 31?

Class protection of your brand name ensuring exclusivity of products associated with agriculture and live animal products.

Q4. Do animal pet care products fall in Trademark Class 31?

No, animal care items are generally categorized under Trademark Class 3 or Class 28.

Q5. What is the significance of Class 31 for agriculture companies?

It helps to safeguard intangible property, gain customers' confidence, and check on counterfeiting goods in the agro industries.

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