Trademark Class 31 Agricultural Products, Fruits, and Vegetables

Introduction to Trademark 31

Trademark Class 31 serves as the guardian of the Earth’s vitality and nourishment. This class encompasses the riches harvested from the soil, including nourishing foods and vibrant plant life.  From the harvests of crops to the beauty of flowers, this class highlights how important farming is in feeding us and lifting our spirits.

This class covers the world of nature’s richness, containing a wide range of products that come from the fertile fields of agriculture such as Raw and unprocessed agricultural, aquacultural, horticultural, and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt. It mainly includes land and sea products not having been subjected to any form of preparation for consumption, live animals and plants as well as foodstuffs for animals.

 Let us discuss the products covered under Trademark Class 31  briefly:

a. Fresh Fruits and Vegetables: This includes the Earth’s produce, such as Unprocessed fruits like apples, oranges, bananas, and vegetables like potatoes, carrots, tomatoes that provide essential vitamins and nutrients.

Example: BigBasket is a well-known online store in India that offers a wide range of fresh fruits and vegetables.

b. Grains and Cereals: This covers raw and unprocessed grains like Wheat, rice, corn, barley, oats, and other grains forming the foundation of many diets.

Example: Tata Sampann Supergrain is a well-known brand offering a range of high-quality, unprocessed grains and pulses.

c. Nuts and Seeds: This includes products like nuts and Seeds for planting, including flower seeds, vegetable seeds, and tree seeds that are nutritious and versatile in culinary applications.

Example: Mahyco Grow is a division of Mahyco (Maharashtra Hybrid Seeds Company), focusing on providing high-quality seeds and solutions for farmers.

d. Foodstuffs for Animals: This includes Pet food, animal feed for livestock, and bird seed.

Example: Pedigree is a well-known brand that specializes in pet food, particularly for dogs. It is part of Mars Petcare, a leading global company in pet nutrition.

e. Natural Plants and Flowers: This includes Potted plants, shrubs, and trees in their natural form, Cut Flowers and Ornamental Plants, etc

Example: Ferns N Petals is a well-known brand that offers a variety of cut flowers, potted plants, and floral gifts.

Inclusions and Exclusions under Trademark Class 31

Trademark Class 31 covers a wide range of products as discussed above. Below is a detailed breakdown of the specific items included and excluded from this classification.

Specific Inclusions in Trademark Class 31:

✔ Unprocessed cereals

✔ Fresh fruits and vegetables, even after washing or waxing

✔ Plant residue

✔ Unprocessed algae

✔ Unsawn timber

✔ Fertilised eggs for hatching

✔ Fresh mushrooms and truffles

✔ Litter for animals, for example, aromatic sand, and sanded paper for pets.

Specific Exclusions in Trademark Class 31:

✘ Cultures of micro-organisms and leeches for medical purposes (Class 5).

✘ Dietary supplements for animals and medicated animal feed (Class 5).

✘ Semi-worked woods (Class 19)

✘ Artificial fishing bait (Class 28)

✘ Rice (Class 30)

✘ Tobacco (Class 34)

Steps involved in registering Trademark under Class 31

• Initial Trademark Search for Trademark Class 31

Before starting with the registration process under Trademark Class 31, a detailed Trademark Search is required to be conducted to ensure that the proposed trademark is unique and does not conflict with existing trademarks under Trademark Class 31. Search can be carried out online through the official website of the Trademarks Registry (https://tmrsearch.ipindia.gov.in/tmrpublicsearch).

• Prepare and Draft the Trademark Application for Trademark Class 31

For preparing and drafting the trademark application form (TM-A), the following information and documents are required to be collated:

• A clear representation of the trademark 
• Details of the applicant, including name, address, and nationality
• Description of goods or services associated with the trademark
• Date of first use (if applicable)
• Power of Attorney (if filed through an attorney)
• Digital Signature of the Applicant 

The application can be filed online through the official website or a physical application can be submitted at the nearest Trademarks Registry office.

• Submit the Application for Trademark Class 31

The trademark application can be submitted online or offline by paying the requisite fees. The fee varies depending on whether you’re an individual, a startup, a small enterprise, or a large corporation. 

• Examination by the Trademarks Registry

The Trademarks Registry will review the application to ensure it complies with the relevant laws and regulations. They will assess the distinctiveness of the mark, potential conflicts, and other requirements.

• Publication in the Trademarks Journal

If the Registrar finds no objections or issues with your application, your trademark will be published in the Trademarks Journal. This publication allows interested parties to oppose the registration within a specific period (usually four months).

• Objection and Opposition Period

During the publication period, objections or oppositions can be filed by third parties against the proposed trademark. If an objection is filed, the opportunity to respond shall be granted.

• Registration Certificate of Trademark Class 31

If there are no valid objections or if you successfully resolve any objections, the Registrar will issue a Certificate of Registration for trademark under Class 31. This certificate confirms your exclusive rights to the mark within Trademark Class 31.

Detailed List of goods classified under Trademark Class 31

Conclusion on Trademark Class 31

Trademark Class 31 covers agricultural, horticultural, and forestry products, including grains, fresh fruits and vegetables, seeds, plants, natural flowers, foodstuffs for animals, malt, and living animals. As people focus more on sustainability and mindful consumption,  proper classification and trademark protection under Class 31 are vital for establishing brand recognition, reliability, and customer trust.

For businesses operating in the Agricultural Products, Fruits, and Vegetables industry, securing a trademark in Class 31 is essential to distinguish themselves in a competitive market and reflect the brand’s commitment to offering wholesome, high-quality products. To explore other trademark classes, refer to the ” Trademark Class List 1 to 45 ”. Ensure your trademark is protected with expert assistance from Registration Arena. 

Contact us today to start the Trademark Registration process in India smoothly and efficiently.