Trademark Class 31: Agricultural and Horticultural Products

Trademark Class 31 mainly consists of raw and unprocessed agricultural and horticultural goods such as fresh fruit and vegetables, shrubs, flowers, seeds, seedlings for plantation, etc. This class also contains live animals and foodstuffs and beverages for animals.

Goods under Trademark Class 31

Given below are the types of goods under the scope of Trademark Class 31:

·  Agricultural and Horticultural Products:

The primary inclusions in this class are fresh fruits and vegetables, mushrooms and truffles, fresh flowers, potted plants, cut flowers, seedlings, saplings, and decorative plants like orchids, roses, and tulips.

·  Live Animals and Foodstuffs for Animals:

This class includes cattle, pigs, sheep, goats, poultry, chickens, ducks, turkeys, and other animals kept as livestock. Dogs, birds, fish, rabbits, hamsters, and other animals kept as pets are also included.

·  Grains and Seeds:

Wheat, rice barley, oats, maize, quinoa, and other grains usually used to manufacture foodstuffs or used as food are some of the most important inclusions of this class. Tree seeds, agricultural seeds, flower seeds, etc., are also a part of Trademark Class 31.

·  Raw and Unprocessed Agricultural Produce:

Unprocessed nuts, coffee beans, soybeans, lentils, chickpeas, etc., are also essential class members. Raw and unprocessed agricultural products are also included in this class.

·  Malt:

Malt extracts, malted barley, rye, and other malts used in beer or whiskey are also included in this class.

The section right below will give a more detailed look into the goods included in this class.

Read More: Trademark Class 35: Business Services and Consulting

Detailed List of Goods under Trademark Class 31

A vast number of goods are included in trademark class 31. This section will cover all the goods more holistically and alphabetically. Remember that no such list can be exhaustive, but you will have a clear idea of the goods in Trademark Class 31 after going through this list.

Goods List	Goods List
Algae	Aloe vera plants
Almonds	Abalones [live]
Active dried yeast for animals	Agricultural and aquacultural crop
Agricultural grains for planting	Agricultural produce (Unprocessed -)
Agricultural seeds	Algae powder for animal consumption
Algae, unprocessed, for human or animal consumption	Algarovilla for animal consumption
Aloe vera plants	Anchovy, live
Animal beverages	Animal feeds
Animal foodstuffs	Animal litter
Apple tree seeds	Apple trees
Apples (Unprocessed -)	Aquarium fish
Arrangements of dried flowers for decorative purposes	Arrangements of fresh fruit
Arrangements of natural flowers	Artichokes, fresh
Artificial milk for livestock offspring	Asparagus plants
Asparagus (Unprocessed)	Bagasse
Barley	Beans
Beetroots	Beverages for animals
Baby corns, fresh	Bagasses of cane
Bait, not artificial	Baled hay
Bark for use as animal litter	Bark for use in mulching
Bark mulches	Barley
Barley for use in brewing beer	Beans, fresh
Bedding materials for animals	Bee pollen (Unprocessed)
Beef cattle	Beer barley
Bees	Beet, fresh
Berries, fresh fruits	Berries (Unprocessed)
Betel nuts, fresh	Beverages for animals
Biodegradable mulching plates made of wood fibres	Bird food
Birdseed	Biscuits made from cereals for animals
Biscuits (Malt) for animals	Blue mussels (live)
Bones for dogs	Bran
Bran mash for animal consumption	Brine shrimp for fish food
Buckwheat, unprocessed	Bulbs (Flower)
Bulbs (Plant) for agricultural use	Bulbs (Plant) for horticultural use
Bumblebees	Bushes (shrubs)
By-products of the processing of cereals for animal consumption	Calamari, live
Cannabis plants	Cannabis, unprocessed
Capsicums	Carp (Live, Fish)
Carrots (Fresh)	Cat food
Cat litters	Cat treats
Catnip	Cats
Cattle food	Cellulose for use as animal bedding
Cereal-based foodstuffs for animals	Cereals for animal consumption
Cereals (Raw)	Cherries (Fresh)
Chestnuts, fresh	Chewing bones for dogs
Chews for animals	Chicory, fresh
Chicory roots	Chillies (Unprocessed)
Christmas trees	Citrus fruit
Climbers (plant type)	Cocoa beans (Unprocessed)
Coconut fibre mulches	Coconut shells
Coconuts	Cocoons for Silkworm Breeding
Cola nuts	Cones (Pine)
Conifer trees	Corn husks, dried for decoration
Corn	Courgettes
Crabs, live	Crayfish, live
Crop seeds	Crustaceans live
Cucumbers, fresh	Culinary herbs (Fresh)
Cut flowers	Cuttings (Plant)
Cuttlebones for birds	Cuttlefish bones
Digestible chewing bones and bars for domestic animals	Digestible chewing bones for dogs
Distillery waste for animal consumption	Dog food
Dog treats	Dogs
Dried alfalfa for animals	Dried boutonnieres
Dried cattails for decoration	Dried corsages
Dried flowers	Dried flowers for decoration
Dried herbs for decoration	Dried plants
Dried plants for decoration	Durian saplings
Edible baits	Edible bird treats
Edible bones and sticks for pets	Edible chewing products for domestic animals
Edible chews for animals	Edible flowers, fresh
Edible chew toys for animals	Edible lily bulbs, fresh
Edible nuts (raw, unprocessed)	Edible pet treats
Edible seeds (unprocessed)	Edible silvervine powder for pet cats
Edible treats for animals	Egg-laying poultry
Eggplants	Eggs for hatching, fertilized
Feeding preparations for bees	Ferns
Fertilised eggs for hatching	Fir trees
Fish eggs for hatching	Fish food
Fish, live	Fish spawn
Fishing bait, live	Flax plant seeds
Flax plants	Flaxseed for animal consumption
Floral decorations	Flounders, live
Flower bulbs	Flower corms
Flower seeds	Flowering plants
Flowers, dried, for decoration	Flowers
Flowers (Wreaths)	Fodder
Foliage plants	Food for animals
Food for aquarium fish	Food for cattle
Forage for animals	Formula animal feed
Fortified food substances for animals	Freeze-dried fishing bait
Fresh vegetables	Fresh fruits
Fresh mushrooms	Fresh nuts
Fresh beans	Fresh roots
Fresh seeds	Fruit, fresh
Fruit plants	Fruit seeds
Fruit shrubs	Fruit trees
Fungi	Garlands of natural flowers
Garlic, fresh	Germinated seeds
Ginger, fresh	Goldfish
Grains (for human food manufacture)	Grains for animal consumption
Grain seeds	Grapevine trees
Grapefruits	Grapes, fresh
Grass seeds	Grasses
Ground bait (natural)	Hamster food
Hamsters	Hay
Hazelnuts, fresh	Hemp plants
Hemp seeds, unprocessed	Herbs, dried, for decoration
Herbs (Fresh)	Hop pellets (for breweries)
Hop saplings	Hops
Horse feed	Horseradishes, fresh
Horticultural mulches	House plants
Hybrid wheat seeds	Hydroponic plants
Hydroponic seeds	Juniper berries
Kitty litter	Kola nuts
Kumquats	Koi carp, live
Krill, live	Leaf mustard, fresh
Leeks, fresh	Leguminous plants
Lemons, fresh	Lentils, fresh
Lettuce, fresh	Lichees, fresh
Lime for animal forage	Linseed meal for animal consumption
Litter for animals	Litter peat
Live animals (as pets, cattle, etc.)	Livestock
Livestock fattening preparations	Livestock feed
Lobsters, live	Locust beans, raw
Longkongs, fresh	Loose hemp for use as animal bedding
Maize	Maize seeds
Maize products for consumption by animals	Malt
Malt extracts for consumption by animals	Malt for brewing and distilling
Malt for distilling	Malt germs
Malted barley	Malts and unprocessed cereals
Mandarins (fresh)	Mash for fattening livestock
Melons	Menagerie animals
Milk-based foodstuffs for animals	Mineral salts for cattle
Mint [fresh]	Molluscs live
Moss (Irish)	Mulch
Mulch (Straw)	Mulches of natural materials
Mushrooms, fresh	Mussels, live
Mycelium for agricultural purposes	Natural bonsai trees
Natural flowering plants	Natural seeds
Natural turf	Non-debarked timber
Nursery plants	Nutrients for fish
Nuts, fresh	Nuts, unprocessed
Oats	Oats for consumption by animals
Oil cake	Oilseed meal for animals
Olives, fresh	Onions, fresh
Oranges, fresh	Organic fresh fruit
Organic fresh herbs	Organic fresh vegetables
Oyster mushrooms, fresh	Oysters, live
Paddy	Palm fronds
Palm trees	Peanuts, unprocessed
Pears, fresh	Peas, fresh
Peat litter for animals	Peat moss
Pet beverages	Pet birds
Pet food	Pig feed
Pigs	Pine cones
Pineapples	Plant bulbs for horticultural use
Pollen	Pomegranates
Pomelos, fresh	Potatoes, fresh
Potted fresh herbs	Potted plants
Poultry for breeding	Poultry, live
Powdered milk for animals	Prawns, live
Preserved crops for animal feeds	Preserved flowers
Processed animal feed	Pulses
Purslane, fresh vegetable	Rabbit food
Rapeseed meal for animal consumption	Raw and unprocessed agricultural products
Raw and unprocessed aquacultural products	Raw and unprocessed forestry products
Residual products of cereals for animal consumption	Residues from malt treatment for use as animal feed
Rhizomes	Rhubarb, fresh
Rice bran (for animal feed)	Rice meal for forage
Rice, unprocessed	Rose bushes
Roses	Rye
Rye seed
Salad crops	Salaks, fresh
Salmon, live	Salt for cattle
Saplings	Sardines live
Seaweed, unprocessed, for human or animal consumption	Seed germ for botanical purposes
Seedlings for planting	Seeds for flowers
Seeds for fruits	Seeds for vegetables
Seeds (Plant)	Shrimps, live
Shrubs	Silkworm eggs
Silkworms	Snails (live)
Snow crabs, live	Sod
Soya beans, fresh	Spanish mackerel, live
Spinach, fresh	Spores for agricultural purposes
Sprouted seeds	Squashes, fresh
Squid, live	Straw
Straw mulch	Strawberries
Sugarcane	Sunflower seeds
Synthetic animal feed	Tangerines, fresh
Timber (Undressed, Unsawed)	Tomatoes, fresh
Trees	Truffles, fresh
Tuna, live	Turf, natural
Turkey hens (as poultry)	Unprocessed and raw natural products
Unprocessed agricultural produce	Unsawn and unseasoned timber
Vegetables (fresh)	Vegetable seeds
Vines (plants)	Water chestnuts, fresh
Watermelon, fresh	Weeds for human or animal consumption
Wheat	Wheat bran
Wheat seed	Wildlife seed mixtures
Wreaths of dried herbs for decoration	Wreaths of natural flowers
Yeast for animal consumption

Some Famous Class 31 Trademarks

Since agriculture is one of the most prominent human activities and the basis for most of the food we consume, an equally large number of companies sell these products, some have gained a massive name for themselves, and a few of these have been mentioned below.

• Dole: Dole is famous for its pineapples and salads, especially its cupped fruit salads and cut fruits. It started in the 1850s in Ireland and has become a global leader, amassing $6.5 billion in revenue in FY2021.

• Pedigree: One of the world’s largest manufacturers of dog food, pet food and nutritional pet products. Pedigree petfoods is a subsidiary of Mars, an American multinational company that manufactures many food products, pet products, etc.

• Whiskas: Whiskas is another Mars subsidiary. It specialises in cat food, started in the United States in 1958, and expanded globally.

• Monsanto: Monsanto has been an agribiotech company since 1901. It sells seeds, seedlings, genetically engineered plants, crop protection chemicals, and more. In 2018, it ranked 199th on the list of Fortune 500 companies by revenue, making it one of the largest corporations worldwide.

• Quaker Oats: Quaker Oats is a famous cereal company and multinational conglomerate that has been operating since 1877. It manufactures many breakfast cereals but is most famous for its oat-based offerings.

• MaltEurop: Founded in 1961, MaltEurop is the leading supplier of malt and malt extracts to breweries and distilleries.

Goods NOT Included under Trademark Class 31

As the class covers a wide range of goods and services, it is essential to know which goods are excluded because of various functional, worldly, or processing levels.

The goods that are not included in trademark class 31 are:

·  Medicated Animal Feed or Dietary Supplements for Animals:

Animal feed, medicated to fight diseases or deficiencies, or dietary supplements and meal replacements for animals are not included in Trademark Class 31. These are included in Class 5 (Pharmaceuticals).

·  Tobacco and Tobacco Products:

Cigarettes, Cigars, tobacco substitutes, herbs for smoking, etc., are excluded from Trademark Class 31 and are a part of Class 34 (Tobacco and Tobacco Substitutes).

·  Processed Food items:

Processed or cooked food products are not included in Trademark Class 31. This range of food items is classified under Classes 29, 30, 32, and 33. Class 31 is reserved for raw and unprocessed agricultural products. Once processed and used to manufacture human food, they are included in the above-mentioned classes.

·  Medical Purpose Goods:

Class 5 (Pharmaceuticals) covers medicinal herbs, medicines, and other pharmaceuticals for animals and humans.

·  Rice:

Rice is covered under Class 30 (Foodstuffs of Plant Origin), which covers other food products such as coffee, pasta, bread, sago, and tapioca.

·  Animals Skins and Hides:

Animal skins and hides are a part of Class 18(Leather and Leather Products).

·  Chemicals:

Chemicals used in agriculture, such as pesticides, fungicides, insecticides, etc., are excluded from Class 31 and are part of Class 1 (Chemicals).

Read more: Trademark Class 32: Water and Non-Alcoholic Beverages

Corresponding Classes of Trademark Class 31

Corresponding or related classes are the classes whose goods are related to the goods of the concerned class, which in this case is Trademark Class 31. Corresponding classes closely resemble the concerned class and are often selected when goods are trademarked under multiple classes.

The corresponding classes of Trademark Class 31 are:

·  Class 29 (Foodstuffs of Animal Origin):

Class 29 includes meat, poultry, eggs, game, oils, fats, and other foodstuffs primarily of animal origin. It also contains milk, dairy products, and substitutes such as soy and oats. Processed and preserved fruit and vegetable products, such as jams, jellies, compotes, etc., are also included in this class.

·  Class 30 (Foodstuffs of Plant Origin):

This class consists primarily of foodstuffs of plant origin, such as flour, tapioca, pasta, noodles, coffee, tea, rice, etc. This class also contains condiments and spices. Any food product that can be associated with having its origin from a plant is categorised in this class. Breads, pastries, confectionary, and other bakery items are also a part of this class.

·  Class 32 (Beer and Non-alcoholic Beverages):

Class 32 consists of fruit juices and drinks, aerated and non-aerated beverages, syrups, and other preparations for making beverages.

·  Class 5 (Pharmaceuticals):

Class 5 includes medicines, Medicinal Preparations, Medicated Food Items, Dietary Supplements, and Meal Replacement Options for humans and animals.

Benefits of Trademarking Your Goods

Getting a trademark for your brand or products may mean a lot in the long and short term. Trademarks ensure that competitors cannot copy your products and their identity and profit from your brand and hard work. Trademarks give you the legal protection you require to fight the infringement of your intellectual property.

There are several benefits to getting a trademark registration for your brand or product. Some of them are:

• Legal Protection: The first and foremost benefit of acquiring a trademark registration for your product is that you get the exclusive legal right to use the trademark. No competitor can use the trademarked intellectual property to replicate or mimic your product or service. Any offence of the same would result in legal action against the accused.

• Marketing Tool: As pieces of intellectual property and creative nature, trademarks are excellent tools for pivoting marketing efforts. Some famous jingles of the old era or iconic mascots representing brands and trademarks are beautiful tools for framing marketing campaigns that people remember.

• Brand Identity: Trademarks serve as identity proof in the marketplace. They help your customers understand which product they are picking. Trademarks allow you to differentiate your product offerings and make them recognisable to the average consumer.

• Licensing Opportunities: No one can use a trademark that you own without legal permission. This gives rise to several licensing opportunities and the chance to acquire more revenue streams. Licensing your trademark means allowing someone to use it in return for compensation or royalties.

Conclusion

As we can see, Class 31 revolves around raw and unadulterated foodstuffs straight from agricultural ventures. This class is the basis of all other courses containing human food products. Even the seeds, grains, saplings, etc., required to produce food in its most primitive state are a part of this class.

Entities interested in trademarking goods under Class 31 must ensure that their product serves a distinct function and has an identity. For example, you cannot trademark a flower. However, flower seeds for different kinds of flowers can easily be trademarked. Similarly, specific concerns should be taken to ensure that seeds, grains, and other essential items are not withheld from where they are needed.

Other than agricultural and horticultural products, live animals such as livestock are included under Trademark Class 31. Pet food is also a significant component of this class. Again, empathy goes a long way, and one should ensure that one’s intellectual property does not infringe on someone’s right to access essential foodstuffs.

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Frequently Asked Question

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