Trademark Class 31: Fruits, Vegetables, & Agricultural Goods

The United States Patent and Trademark Office (USPTO)^[1] along with the federal Trademark Applications categorises Trademarks into 45 different kinds of “classes” on the basis of all kinds of products or services. The whole sole motive of these different Trademark classes is to allow different types of businesses to register themselves into those categories which are most appropriately related to their core business. However, Trademark law in India exists to prevent any unfair competition in the market.

What is Trademark Class 31?

Trademark Class 31 is considered to be a broad category or class under all the different classes of Trademark. Trademark Class 31 is mainly comprised of various raw and unprocessed agricultural foods or products, aquacultural, horticultural as well as the forestry products.

This class of trademark also includes the raw and unprocessed grains and seeds used as agricultural products; all kinds of fresh fruits and vegetables, varieties of fresh herbs, natural plants, natural flowers and Bulbs, all categories of seedlings and seeds used for the purpose of planting, live animals,  such food items and beverages used for animal consumption and Malts.

List of Items Included under Trademark Class 31

Trademark Class 31 includes the raw and unprocessed grains and seeds used as agricultural products; all kinds of fresh fruits and vegetables, varieties of fresh herbs, natural plants, natural flowers and Bulbs, all categories of seedlings and seeds used for the purpose of planting, live animals,  such food items and beverages used for animal consumption and Malts.

Following are the list of agricultural and horticultural goods as well as products which are listed or included in the magnificent Trademark Class 31, for the purpose of the international registrations of the trademarks:

• All kinds of Grains and Raw Cereals
• Agricultural and Horticultural Products along with Forestry
• Fresh and organic vegetables along with natural fruits
• Various plants, trees and flowers which are natural
• Varieties of Fungi and Mushrooms
• All kinds of Seedlings and Seeds
• All living animals as well as organisms which are used for the purpose of breeding
• Fodder and Foodstuffs for Animal Consumptions
• Unprocessed Cereals and Malts
• Raw Wood is also included in the ambit of this class of Trademark
• Fertilized Eggs
• Residual of Plants

List of Items Excluded from Trademark Class 31

There are various categories of items which are not included under the ambit of Trademark Class 31 and thus these items cannot be registered for the Online Trademark Registration process. These items are mentioned below as:

• Rice as mentioned under Trademark Class 30.
• Dietary supplements which are used for animals as stated under Trademark Class 5.
• Tobacco as stated under Trademark Class 34.
• Fishing bait which are artificial in nature as per the Trademark Class 28.
• Semi-worked woods as included in Trademark Class 19.
• Cultures of all different kinds of micro-organisms along with the leeches which are used for medical purposes under Trademark Class 5.

Co-ordinated Classes under Trademark Class 31

Trademark Class 31 is mainly comprised of various raw and unprocessed agricultural foods or products, aquacultural, horticultural as well as the forestry products.

This particular class of trademark also includes the raw and unprocessed grains and seeds used as agricultural products; all kinds of fresh fruits and vegetables, varieties of fresh herbs, natural plants, natural flowers and Bulbs, all categories of seedlings and seeds used for the purpose of planting, live animals, such food items, beverages used for animal consumption and Malts.

However, in case if any particular or specific goods or services fall under more than one class of Trademark, then in such conditions the applicant must apply for Trademark Registration in each of the classes under which such specific goods and services fall.

Further, it can be mentioned that if the applicant is not completely sure whether to register in Trademark Class 31, following “coordinated classes” may be considered:

• Pharmaceuticals under Trademark Class 5.
• Medical and Vet Services provided under Trademark Class 44.
• Food Services stated under Trademark Class 43,
• Science and Technology Services as stated under Trademark Class 42.
• Advertising and Business Services as explained in Trademark Class 35,
• Beers and Beverages as per the Trademark Class 32,
• Coffee, Flour, Rice as mentioned in Trademark Class 30, and
• Meat, Fish, Poultry as stated under Trademark Class 29.

Comprehensive Lists of Goods Mentioned under Trademark Class 31

• Various living organisms for breeding, Live animals, bred stock, crayfish, live, crustaceans, live, fertilised eggs used for the purpose of hatching, fish spawn, live fish, all kinds of fishing baits, live animals such as lobsters, live marine animals, or mussels, live oysters, live poultry, live sea-cucumbers, live shellfish, live silkworm eggs of live silkworms, live spiny lobsters.
• Agricultural along with the aquacultural crops, horticulture and all different categories of forestry products such as maize, Algae, different kinds of algae which are used for either human consumption or animal consumption, types of seaweeds used for human as well as animal consumption.
• Natural Plants such as Aloe Vera plants, hop cones, nettles plants, plants which are dried and used for the purpose of decoration, different kinds of seeds as well as seedlings, sugarcanes and vine plants.
• Fresh fruits and vegetables,  nuts, varieties of vegetables and herbs, almonds, fresh beans, fresh beet, fresh berries, chestnuts, fresh chicory roots, chicory used for salad, citrus fruits, raw cocoa beans, raw coconuts, copra, cucumbers, fresh garden and homegrown herbs, fresh grapes, fresh hazelnuts, different types of berries, cola nuts and leeks, fresh lemons, fresh lentils, fresh lettuce, fresh locust beans, different types of nuts, olives, fresh onions, fresh vegetables, oranges, fresh and raw peanuts, fresh peas, fresh bell peppers included under the heading plants, potatoes, fresh rhubarb, roots for food, fresh spinach, fresh squashes or marrows.
• Malts and unprocessed cereals such as barley, bran, grains under the heading cereals,  malts which are used for the purpose of brewing and distilling, oats, rice which are unprocessed, rye and wheat.
• Natural turf includes natural sod.
• Natural Flowers includes all kinds of flowers which are natural, dried flowers, dried flowers used for the purpose of decoration, sesame, wreaths of natural flowers.
• Seedlings and seeds, flower bulbs and for plant breeding, cereal seeds, unprocessed flower bulbs, seed germs used for botanical purposes, grains and different varieties of seeds, plant seeds, pollen grains in the form of raw material.
• Trees and forestry products, Christmas trees, palm trees, leaves of palm trees, pine cones, raw barks of trees, bushes of rose, rough cork, shrubs or bushes, trees, trunks of trees, undressed timber, unsown timber, chips of wood used for the manufacture of wood pulp.
• Plant residual which are used as raw materials, the raw material of cane, coconut shell, residual fruits marc, the residue is still after the distillation process, straw mulch.
• Different kinds of Fungi, mushroom spawns for propagation, fresh mushrooms, and fresh truffles.
• Food items and fodder for animals for animal consumption, animal fattening preparations and livestock fattening preparations, chews which are edible for animals, beverages for pets, foods for bird, bran mash used for animal consumption, by-products of the processing of cereals used for the purpose of animal consumption or the residual products of cereals which are used for animal consumption, bone for birds, distillery waste for animal consumption, biscuits for dogs, preparations for egg laying poultry, fish meal for animal consumption, flax meal in the form of fodder, fodder and cattle food grains for animal consumption, grouts for poultry, limes used for animal forage, linseeds which are used for animal consumption, flaxseed used for animal consumption, maize cake made for cattle, mash used for fattening livestock, different kinds of meal for animals, oil cake or the cattle cake, peanut meal for animal consumptions, peanut cake for animal consumption , pet food, ripe cake for cattle consumption, rice meal used for forage, salts for cattle, stall foods used for animals, straw or forage, strengthening the animal forage, wheat germ which are used for animal consumption, different kinds of yeast used for consumption of animal.
• Bedding and litters for animals, different kinds of aromatic sands made for pets to litter, hay products for animal litter, litter peat, the sanded paper used by pets to litter, and straw litter.

Conclusion

Trademark Class 31 mainly includes the raw and unprocessed grains and seeds used as agricultural products; all kinds of fresh fruits and vegetables, varieties of fresh herbs, natural plants, natural flowers and Bulbs, all categories of seedlings and seeds used for the purpose of planting, live animals,  such food items and beverages used for animal consumption and Malts.

Further, it can be clearly mentioned that in order to get a Trademark Registered in India for any of his or her goods and services an author or any owner needs to apply under the correct Class of Trademark.

However, if an author or an owner of a Trademark fails to apply in the correct form for a Trademark to be registered in India, then he or she will have to apply again for the same Trademark to be registered. Hence, it is always considered important to contact any Trademark professional for the hassle-free working of the Trademark Registration process.

Also, Read: Know the Complete Process and Benefits of Trademark Renewal