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.
Step into the future of legal expertise! Join our Advanced Certification Program in Intellectual Property Law, created by The Legal School in collaboration with Khaitan & Co. Designed for fresh law graduates and professionals, this unique course boosts your legal career. Don’t miss this opportunity—enquire today to secure your spot!
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.