A trademark is used to separate the products or services of one company from those of other companies. A word, phrase, letter, number, visual representation, logo, shape, colour, sound, aroma, packaging feature, or any combination of these can be used as a trademark. The Nice Classification classifies products and services related to horticulture, forestry, and agriculture under Class 31. These items are seeds, grains, fruits, vegetables, fungi, mosses, animal feed, live animals, and machinery for farming, horticulture, and forestry.
Did You Know? The Nice Classification is used in more than 150 countries around the world to classify goods and services for trademark registration.
Also read: Guide on ™ Symbol, Registered Trademark®, and Copyright©
How to Register a Trademark?
The first step in registering a trademark is determining the appropriate class or classes to register the mark. In many countries, including the United States, Canada, India, and the European Union, trademarks are registered in multiple classes. In India, trademarks are registered under the Trademarks Act of 1999. The Act provides for the registration of trademarks and the better protection of trademarks. The Act covers a wide range of marks, including marks used for goods, services, businesses, companies, or other organisations.
Key Takeaways For Trademark Class 31
- Trademark Class 31 covers agricultural, horticultural, and forestry products.
- This class includes live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals; malt; agricultural, horticultural, and forestry products.
- The classification is used to register trademarks and service marks.
- The class is divided into two subclasses: Class 31-A and Class 31-B.
- Class 31-A covers live animals, while Class 31-B covers all other products in the class.
What is Trademark Class 31?
The primary function of a trademark is to allow consumers to identify the source of the goods or services they purchase. A trademark can be any sign that can distinguish the goods or services of one enterprise from those of another, such as a word, phrase, logo, image, sound, or scent. Trademark classes categorize goods and services so that similar trademark applications can be filed and processed together.
Class 31 includes agricultural, horticultural, and forestry products, grains and seeds, natural plants, and flowers. This class also includes live animals; fresh fruits and vegetables; meat, fish, poultry, and game; processed and preserved foods; and ingredients for foods, such as oils and fats, cheese, coffee, tea, spices, and ice.
What Are The Requirements For Trademark Class 31?
In India, trademark registration is classified into 45 different classes, with each class representing a different type of goods or services. Trademark Class is for agricultural, horticultural, and forestry products, as well as for products used in fishing and hunting. To register a trademark in class, the applicant must first file a trademark application with the Registrar of Trademarks.
Once the application is filed, it will be examined by a trademark examiner. If the application is in order, it will be published in the Trademarks Journal. Any person can file an opposition to the trademark registration within four months from the publication date. The registered trademark is valid for ten years from the registration date and can be renewed for a further ten years.
Requirements For Trademark Class 31 in India are as follows Are As Follows
The trademark must be used about the following goods:
- The goods includes agricultural, horticultural, and forestry products; -animal and veterinary products; - biological products for human or animal use; - products of the marine or freshwater fisheries; -foodstuffs and beverages;
- The trademark must be registered with the Trademark Registry in India.
- The trademark must be registered in the name of the applicant.
- The application must be filed in the prescribed format.
- The prescribed fees must accompany the application.
How Can I Use Trademark Class 31?
Natural resources, horticultural goods, and agricultural goods are all included in the class. Products harvested from the soil or cultivated belong in this category. Fruits, vegetables, meat, fish, grains, and minerals fall into this category. It also comprises plants like shrubs, trees, and flowers. Confirming that the class covers your product if you intend to use a trademark in this class is crucial. Additionally, you'll want to ensure that your product differs slightly from those in its class. If there are additional flowers in the same class, for instance, you wouldn't want to use a trademark for that flower.
Also read: Ropes, Sacks, and Bags: The Ultimate Guide to Trademark Class 22
Some Examples of Trademark Class 31
- Algae and seaweed are both suitable for eating by both people and animals.
- Algarrobilla for use in animal food
- Aloe vera trees
- Animal foodstuffs, livestock fattening agents, and animal fattening agents
- Animal litter items live animals scented sand for pets
- Fresh cane bagasse and artichokes are examples of raw food
- Beans, fresh beet, fresh berries, fresh fruits, raw bark, barley, and barley*
- Drinks for animals
- Bran for use as bird food or bran mash for use with animals
- Raised stock
- Grain seeds, raw chestnuts, and fresh animal chews for consumption
- Citrus fruit, fresh cocoa beans, raw coconut shells, fresh Christmas trees, chicory roots, and chicory
- Live cucumbers, live crabs, copra crayfish, and fresh cuttlebone for birds
- Distillery waste intended for use with animals
- Dog biscuits draft fertilized chicken eggs for hatching egg laying procedures
- Fish spawn Fish,
- Live fish meal for animal consumption
- Fishing bait,
- Live flax meal
- Flower bulbs/bulbs Fruit,
- Fresh fruit residue
- Garden herbs
- Fresh garlic
- Fresh grains
- Flowers, natural flowers, dried, for decorating
- Live hop cones
- Fresh groats for chickens
- Herrings, and grains for animals.
- Berries of juniper
- Kola nuts/cola nuts
- Fresh limes
- Fresh lemons
- Fresh lentils
- Fresh lettuce
- Fresh leeks,
- Live locust beans
- Raw maize
- Maize cake for cattle
- Malt for brewing and distilling
- Mash for fattening livestock
- Raw locust beans.
- Mushroom spawn for reproduction, live nettles, fresh mussels, and nuts
The Benefits of Registering a Trademark in Class 31
There are many benefits of registering a trademark Class 31, which pertain to agricultural, horticultural, and forestry products, as well as to animal and veterinary products, and to live animals. The most significant benefit is that it allows the trademark owner to prevent others from using it in connection with these products and services. This can be invaluable in protecting the owner's investment and ensuring that the public associates the trademark with its sole source.
Another benefit of registering a trademark in Class 31 is that it can help the owner to establish trademark rights in other countries. Many countries recognize trademarks registered with the World Intellectual Property Organization (WIPO), of which Class 31 is a part. This can be important if the owner expands their business into other markets.
Services Under Trademark Class 31
The following services are included in trademark class 31:
- Forestry services
- Animal training
- Livestock breeding
- Agricultural and horticultural consultancy
- Information and advice relating to agriculture
- Forestry services
- Plant nurseries
- Horticultural services
- Landscape gardening
- Forestry products and grains that are not included in other classes
- Animal feed live animals
- Fresh fruits and vegetables
- Seeds, natural plants and flowers
- Processed and preserved fruits and vegetables
- Dried and dehydrated fruits and vegetables
- Frozen fruits and vegetables
- Canned fruits and vegetable
- Prepared fruits and vegetables
- Jellies, jams, compotes, fruit sauces
- Eggs, milk, and milk products; edible oils and fats.
Also read: Do You Know How to Register for a Trademark in Kerala?
Class 31 includes mainly 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. Registering a trademark in Class 31 can also provide legal benefits. For instance, it can serve as evidence of the owner's ownership of the trademark and give the owner the right to bring a lawsuit if someone infringes on their trademark.
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