A fresh apple is Class 31. Apple juice is Class 32. Apple jam is Class 29. An apple pie is Class 30. That single progression — from orchard to jar to oven — is the clearest way to understand Nice Class 31: it's the classification for whatever hasn't been cooked, dried, preserved, or otherwise processed yet.
Fresh, Live, and Unprocessed: The Defining Boundary
Class 31 covers fresh agricultural and horticultural products, live animals, and animal feed: fresh fruits and vegetables, fresh herbs, live plants and trees, natural flowers, seeds and bulbs, raw and unprocessed grains, live animals, and animal foodstuffs including pet food and litter. The moment a fresh product is processed, it leaves for a prepared-food class — Class 29 for animal-origin and preserved foods, Class 30 for grain, coffee, and bakery staples. Fresh herbs are Class 31, but dried or processed herbs and spices are Class 30. That same crop can pass through several classes depending on how far it's been processed, which is exactly why a produce or agriculture brand needs to think in terms of the ingredient's state, not just its category.
Excluded entirely: chemical fertilizers are Class 1, not Class 31, despite being an agricultural input. And cut-flower arranging as a service touches service classes rather than the fresh-flower goods themselves.
Three Things Class 31 Actually Protects
- Fresh produce and plants — fruits, vegetables, herbs, live plants, trees, natural flowers, seeds, bulbs, and unprocessed grain.
- Live animals and feed — livestock, animal foodstuffs, pet food, and pet litter or bedding.
- Certification marks for branded produce — proprietary apple and citrus varieties, and quality or origin certifications that let a grower association protect a standard across many producers, a model widely used for premium fruit, coffee origin, and specialty crops.
Why Pet Food Has Quietly Become the Biggest Category Here
For most of Class 31's history, fresh produce set the tone. That's changed. The premium pet-food market has driven a wave of filings as brands differentiate on ingredients and positioning, and pet food, feed, and litter now make up a large and growing share of the class's activity. A pet brand selling food (Class 31) very often also sells accessories, toys, or grooming products in other classes — so pet businesses commonly end up filing across several classes at once, with Class 31 anchoring the food line specifically.
Frequently Asked Questions
Are fresh fruits and vegetables in Class 31?
Yes, along with live plants, seeds, and natural flowers. Once produce is cooked, dried, preserved, or made into jam or juice, it moves to a processed-food or beverage class. The dividing line is processing, not the ingredient itself.
What's the difference between Class 31 and Class 29 or 30?
Class 31 is fresh, natural, and unprocessed. Class 29 is animal-origin and preserved foods like meat, dairy, and jam. Class 30 is grain-based and prepared staples like bread and coffee. A fresh tomato is Class 31; canned tomatoes are Class 29; tomato pasta sauce is Class 30.
Is pet food in Class 31?
Yes, alongside fresh produce and live animals — pet food, animal feed, and pet litter are all here. Pet accessories and toys, by contrast, fall in other classes, so pet brands often file across several.
Can I trademark a fresh produce variety?
Yes. Branded fresh produce — proprietary apple or citrus varieties, for instance — can be trademarked in Class 31, and certification marks can protect a quality or origin standard across many growers. The name must be distinctive; a generic description of the crop will be refused, but a coined varietal brand can register.
Fresh-produce, plant, and pet-food names overlap with adjacent food classes, so clearance should span Class 31 and the processed-food classes. Use tmarkmetric to browse registered Class 31 trademarks and search the broader registry before you commit to a name spanning fresh and packaged goods.