Under the globally recognised Nice Classification system, trademarks are categorised into 45 different classes, each signifying a specific category of goods or services. Trademark Class 31 deals specifically with raw and unprocessed agricultural, horticultural, and forestry products, as well as live animals, plants, seeds, and foodstuffs for animals. Understanding this class is important for businesses engaged in the activity of farming, gardening, livestock, aquaculture, and pet-related industries.
This blog offers a comprehensive overview of Trademark Class 31 in India, including the goods it covers and the trademark registration process under this category.
What is Trademark Class 31?
Trademark Class 31 includes the natural agricultural and organic products such as live plants and animals, seeds, raw grains, fresh fruits and vegetables, animal feeds, and similar products that are not yet processed for consumption. These goods are at the pre-processing stage and are sold in their raw, natural form.
Goods Covered under Trademark Class 31
The following types of goods fall under Trademark Class 31:
1. Fresh agricultural produce
- Fresh fruits (e.g., apples, mangoes, bananas)
- Fresh vegetables (e.g., carrots, spinach, lettuce)
- Fresh herbs (e.g., basil, cilantro, thyme)
- Raw grains and cereals (e.g., wheat, rice, maize)
2. Horticultural and forestry products
- Live plants and flowers (e.g., ornamental plants, saplings)
- Cut flowers and floral arrangements (non-artificial)
- Live trees and shrubs
- Christmas trees (natural)
3. Animal feed and related products
- Livestock feed (e.g., cattle feed, poultry feed)
- Pet food (e.g., dog food, bird seed, fish pellets)
- Forage crops (e.g., hay, alfalfa, silage)
- Additives for animal consumption (non-medicated)
4. Seeds and propagation materials
- Agricultural seeds (e.g., rice seeds, wheat seeds)
- Garden seeds (e.g., vegetable and flower seeds)
- Bulbs and tubers for planting (e.g., tulip bulbs, ginger rhizomes)
- Plant cuttings and grafts
5. Live animals and aquatic life
- Algae
- Algarovilla for animal consumption
- Livestock (e.g., cows, sheep, goats)
- Litter for animals, for example, aromatic sand, sanded paper for pets.
- Poultry (e.g., chickens, ducks)
- Pet animals (e.g., rabbits, guinea pigs)
- Fish for breeding or stocking
- Bees and silkworms
How to Register a Trademark under Class 31 in India?
Step 1: Trademark Search
Visit the IP India Public Search Portal and verify if your brand name or logo is already registered under Class 31.
Step 2: Prepare and file the Trademark Application (Form TM-A)
Fill out Form TM-A and specify the appropriate class and goods (e.g., “animal feed,” “fresh fruits,” “garden seeds”). The form can be submitted online or in person at the nearest Trademark Registry Office.
Step 3: Examination
After you file your trademark application, the Registrar of Trademarks will examine it to check whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file opposition.
Step 6: Opposition and issuance of registration certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration can be renewed from time to time for successive periods of ten years each.
Conclusion
The world is witnessing a surge in consumer focus on organic produce, sustainable farming, and animal care. Registering your brand under trademark class 31 plays an important role in protecting your brand identity in India’s agrarian and natural goods sector. Whether you operate a pet food business, seed production unit, or farm-fresh supply chain, Class 31 ensures legal protection, market differentiation, and brand growth in a rapidly evolving industry.
