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Trademark Class 31: Natural Agricultural Products

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.

44,322live trademarks

Filing Activity

Trademark applications and registrations in Class 31 over the past 15 years.

Class 31 covers 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 occupies a specialized niche focused on living organisms and unprocessed natural products.

The top filers — Nestle Purina PetCare Company, Thomas A. Dirksen, and ArentFox Schiff — reveal the class's two primary commercial drivers: pet food and agricultural products. Nestle Purina's dominance reflects the enormous pet food market, where animal foodstuffs represent the single largest subcategory within Class 31. Thomas A. Dirksen's prominence indicates significant filing volume from agricultural seed and nursery companies, while ArentFox Schiff handles portfolios for major agribusiness clients.

The key classification distinction in Class 31 is the processing boundary. Fresh fruits and vegetables are Class 31; the moment they are frozen, dried, canned, or otherwise processed, they move to Class 29. Fresh herbs are Class 31; dried or preserved herbs shift to Class 30. Live animals are Class 31; animal skins and hides are Class 18. Seeds for planting are Class 31; seeds sold as food (sunflower seeds for snacking) are Class 29. This raw-versus-processed dividing line is the single most important principle for correct classification in this class and generates substantial office action volume.

Pet food brands should note that Class 31 covers animal foodstuffs broadly, but veterinary preparations for animals belong in Class 5. Multi-class strategies for pet industry brands typically combine Class 31 with Class 5 for supplements, Class 18 for leashes and pet clothing, and Class 28 for pet toys. Agricultural companies commonly file Class 31 alongside Class 1 for chemical fertilizers, Class 7 for agricultural machinery, and Class 44 for agricultural services.

What's Included in Class 31

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.

  • unprocessed cereals;
  • fresh fruits and vegetables, even after washing or waxing;
  • plant residue;
  • unprocessed algae;
  • unsawn timber;
  • cultures of micro-organisms and leeches for medical purposes (Cl. 5);
  • dietary supplements for animals and medicated animal feed (Cl. 5);
  • semi-worked woods (Cl. 19);
  • artificial fishing bait (Cl. 28);
  • rice (Cl. 30);
🍎 Fresh fruits and vegetables
🌷 Live plants and flowers
🌻 Seeds and bulbs for planting
🐶 Animal feed and pet food
🌾 Raw grains and unprocessed cereals
🐟 Live fish and livestock
🌿 Fresh herbs like basil and mint
🎄 Christmas trees (natural)

Top Filers in Class 31

#OwnerFilings
1SPRING MEADOW NURSERY, INC.356
2PETSMART HOME OFFICE LLC300
3SOCIETE DES PRODUITS NESTLE, S.A.243
4MARS, INCORPORATED.206
5PROVEN WINNERS NORTH AMERICA, LLC199
6MONROVIA NURSERY COMPANY162
7MANNA PRO PRODUCTS, LLC137
8PURINA ANIMAL NUTRITION, LLC125
9KALMBACH FEEDS, INC.114
10THE CONARD-PYLE COMPANY114

Top Law Firms in Class 31

Recent Registrations

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Frequently Asked Questions

What is the difference between Class 29 and Class 31 for food?

Class 31 covers raw, unprocessed agricultural products (fresh apples, live fish, raw grain). Once food is processed, preserved, or cooked, it moves to Class 29 (frozen vegetables, dried meat, canned fruit) or Class 30 (baked goods, prepared foods).

Are pet treats in Class 31 or Class 5?

Pet food and treats without medical claims belong in Class 31. Medicated pet food, supplements, and veterinary dietary preparations belong in Class 5.

Does Class 31 cover marijuana plants?

Live cannabis/marijuana plants fall under Class 31. However, the USPTO currently refuses registration for cannabis products that violate federal law. Hemp-derived products that comply with federal regulations may be registrable.

Are seeds for planting different from seeds sold as food?

Yes. Seeds intended for planting (flower seeds, grass seed, vegetable seed packets) belong in Class 31. Seeds sold as food for human consumption, such as sunflower seeds or pumpkin seeds for snacking, are classified in Class 29 as processed foods.

Does Class 31 cover dried flowers or preserved plants?

No. Class 31 only covers fresh, natural, and living plants and flowers. Dried flowers and artificially preserved plants move to Class 26. The key principle is that Class 31 goods must be in their natural, unprocessed state.

Where do aquarium fish and supplies fall?

Live aquarium fish are classified in Class 31 as live animals. However, aquarium tanks belong in Class 21, fish food remains in Class 31 (animal foodstuffs), and aquarium filtration equipment belongs in Class 11. Pet stores selling these items also need Class 35 for retail services.

Is organic or non-GMO produce still in Class 31?

Yes. All fresh fruits and vegetables belong in Class 31 regardless of farming method. Organic, non-GMO, hydroponic, and conventionally grown produce are all classified identically. The farming method is a marketing distinction, not a classification distinction.

Do Christmas trees and cut flowers need different classes?

No. Both natural Christmas trees and fresh cut flowers belong in Class 31. Artificial Christmas trees are classified in Class 28, and artificial flowers belong in Class 26. The key distinction is natural versus artificial, not the type of plant.

Should a pet food brand file in classes beyond Class 31?

Most pet food brands need a multi-class strategy. Class 31 covers pet food and treats, Class 5 covers medicated supplements, Class 18 covers leashes and pet apparel, Class 28 covers pet toys, and Class 35 covers retail store services. Filing only in Class 31 leaves significant protection gaps.