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.
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.
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.
Editorial deep dives spanning Nice Class 31 and adjacent classes
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Explore 44,306 live trademarks in Natural Agricultural Products. Search by name, owner, or serial number — then filter by Class 31.
Search TrademarksClass 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).
Pet food and treats without medical claims belong in Class 31. Medicated pet food, supplements, and veterinary dietary preparations belong in Class 5.
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.
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.
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.
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.
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.
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.
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.