Trademark Class 31: Protecting Agricultural & Natural Products

When registering a trademark, selecting the correct Nice Classification (NCL) class is crucial. Trademark Class 31 is designated for raw and unprocessed agricultural, horticultural, and forestry products, including fresh fruits, vegetables, seeds, grains, and live animals. Businesses dealing in farming, gardening, or supplying natural products should register their trademarks under Class 31.

This guide explores everything about Trademark Class 31, from the types of products it covers to the benefits of registration and the application process.

What is Trademark Class 31?

Trademark Class 31 encompasses raw, fresh, and natural products that have not been altered by any industrial process. These include live animals, unprocessed grains, fresh produce, and seeds.

Unlike food products that undergo processing or cooking (covered under Classes 29 and 30), Class 31 strictly applies to unprocessed agricultural and natural goods.

Comprehensive List of Goods Covered Under Class 31

Class 31 covers a variety of agricultural, horticultural, and forestry products, categorized as follows:

1 Fresh Fruits and Vegetables

• Apples, bananas, mangoes, oranges, grapes
• Watermelon, pineapple, strawberries, avocados
• Tomatoes, potatoes, carrots, onions, cucumbers
• Leafy greens (lettuce, spinach, cabbage)

2 Unprocessed Grains and Cereals

• Raw rice, wheat, barley, corn, millet
• Oats, rye, quinoa, sorghum
• Pulses and legumes in their natural state

3 Live Animals and Aquatic Products

• Live poultry (chickens, ducks, turkeys)
• Cattle, sheep, goats, pigs, and other livestock
• Live fish, shellfish, shrimp, and other seafood
• Live insects (bees, silkworms) for farming

4 Animal Feed and Pet Food

• Livestock feed (hay, fodder, silage)
• Poultry feed, fish feed
• Dog and cat food (raw and unprocessed)

5 Seeds, Plants, and Flowers

• Flower seeds, vegetable seeds, grain seeds
• Natural plants, shrubs, saplings, and forestry trees
• Ornamental flowers, fresh-cut flowers, and wreaths

6 Other Agricultural Products

• Nuts in their natural form (almonds, cashews, walnuts)
• Mushrooms (uncultivated, natural)
• Unprocessed cocoa beans, coffee beans
• Unprocessed tea leaves

What is NOT Covered under Class 31?

Class 31 does not cover processed or cooked food products. Items excluded from this class include:

1. Processed or cooked fruits and vegetables → (Class 29)
2. Coffee, tea, cocoa, and spices → (Class 30)
3. Medicinal or nutritional supplements → (Class 5)
4. Fertilizers and chemicals for agriculture → (Class 1)
5. Alcoholic and non-alcoholic beverages → (Class 32 & 33)

Importance of Registering a Trademark Under Class 31

1. Legal Protection & Brand Security

A registered trademark legally protects your brand, preventing competitors from using a similar name or logo for identical products.

 2. Exclusive Rights

Once registered, your brand is exclusively yours in the Class 31 category. No one else can use or copy your name within the same industry.

3. Market Recognition & Consumer Trust

A strong trademark enhances brand recognition, making your products more reliable and trusted by consumers.

4. Business Expansion Opportunities

With trademark protection, you can expand your brand to different markets without fearing brand infringement.

5. Preventing Competitor Conflicts

Trademark registration allows you to take legal action if another business tries to copy or misuse your brand name.

Who Should Register a Trademark in Class 31?

Trademark Class 31 is ideal for businesses involved in:

• Agriculture & Farming – Selling fresh produce, seeds, and crops
• Pet Food & Animal Feed Industry – Manufacturing unprocessed livestock feed or pet food
• Floriculture & Horticulture – Selling fresh flowers, plants, and ornamental trees
• Seed Production & Forestry – Distributing unprocessed grains, forestry products, or tree saplings

If your business falls within these categories, securing a trademark in Class 31 ensures your brand’s exclusivity.

How to Register a Trademark under Class 31?

Step 1: Conduct a Trademark Search

Before filing an application, check for existing trademarks to avoid conflicts. You can search through the IP India database to ensure your brand is unique.

Step 2: Prepare Your Application

Gather the necessary details:

• Brand name & logo (if applicable)  
• Business owner’s name & address
• List of goods (specific to Class 31)
• Power of Attorney (if applying through an agent)

Step 3: File the Application

You can file the application through:

• Online mode – Via the official IP India website
• Offline mode – At the nearest Trademark Registry Office

Step 4: Examination by the Trademark Office

The Trademark Office reviews the application to check for:

• Uniqueness (no similar trademarks)
• Correct classification (ensuring it falls under Class 31)

Step 5: Publication in Trademark Journal

If approved, your trademark is published in the Trademark Journal for 4 months to allow for any opposition.

Step 6: Registration & Certificate Issuance

If no objections arise, the Trademark Registration Certificate is granted, giving you exclusive rights over your brand.

Common Challenges in Class 31 Trademark Registration

1. Trademark Similarity Conflicts

Your application may be rejected if your brand name is too similar to an existing Class 31 trademark. A thorough trademark search can prevent this issue.

2. Generic or Descriptive Names

Common names like “Best Seeds” or “Fresh Vegetables” may be rejected for being too generic. Choose a distinctive and creative brand name.

3. Oppositions from Competitors

Big agricultural companies may oppose new trademarks that resemble their existing brand. A strong legal defense helps overcome such challenges.

8. Case Studies of Trademark Class 31 Disputes

Case 1: Monsanto vs. Local Seed Sellers

Monsanto, a global seed company, has aggressively protected its trademarks in Class 31 against small seed distributors trying to use similar names.

Case 2: Mahyco vs. Local Farmers

Mahyco, an Indian agricultural brand, faced legal battles over the use of hybrid seed trademarks, arguing that certain farmers were infringing their brand identity.

Case 3: Floriculture Trademark Dispute

A flower business using a well-known rose variety name was sued for trademark infringement when they tried to register a generic name as their trademark.

For businesses dealing in fresh agricultural products, seeds, live animals, and unprocessed food, trademark registration in Class 31 is a vital step to protect brand identity.

1. Prevents brand misuse & counterfeiting
2. Gives legal ownership over your brand name
3. Ensures consumer trust and market credibility

If you need professional assistance for trademark registration under Class 31, Online Legal India can help you to file it flawlessly! Contact them today.