What Is Nice Class 31?
Nice Class 31 is the trademark classification for fresh agricultural and horticultural products, live animals, and animal feed. It covers 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. It is the "fresh, natural, and unprocessed" class — the farm-gate and garden-center side of the food and agriculture world.
The defining principle is unprocessed and natural. The moment a fresh product is cooked, dried, preserved, or otherwise processed, it leaves Class 31 for the prepared-food classes — Class 29 (animal-origin and preserved foods) or Class 30 (grain, coffee, and bakery staples). A fresh apple is Class 31; apple juice is Class 32; apple jam is Class 29; an apple pie is Class 30. That progression from fresh to processed is the heart of agricultural classification.
What Class 31 Covers
- Fresh fruits and vegetables
- Fresh herbs and unprocessed edible plants
- Live plants, trees, shrubs, and natural flowers
- Seeds, bulbs, and seedlings for planting
- Raw and unprocessed grains and agricultural produce
- Live animals and livestock
- Animal foodstuffs, pet food, and feed
- Pet litter and bedding for animals
Exclusions: processed, cooked, or preserved foods are Class 29 or Class 30; beverages are Class 32 or 33; chemical fertilizers are Class 1; and cut flowers arranged as a service may involve service classes. The fresh-versus-processed line is the single most important boundary for any food or agriculture brand deciding between Class 31 and the prepared-food classes.
Boundary note: Fresh herbs are Class 31, but dried or processed herbs and spices are Class 30. Fresh fruit is Class 31, but jam is Class 29 and juice is Class 32. The same crop can pass through several classes depending on how far it is processed.
Branded Produce and Certification Marks
One distinctive feature of Class 31 is the prevalence of branded produce and certification marks. Proprietary apple varieties, branded citrus, and other trademarked fresh produce are registered here, and certification marks — which certify that produce meets a particular standard or origin — are an important tool in the agricultural sector. These allow a grower group or association to protect a quality standard across many producers, a model used widely for premium fruit, coffee origin, and specialty crops.
Pet Food: A Major Class 31 Category
Pet food, animal feed, and pet litter are a large and growing part of Class 31. The premium pet-food market has driven a wave of filings as brands differentiate on ingredients and positioning. A pet brand selling food (Class 31) often also sells accessories, toys, or grooming products that fall in other classes, so pet businesses frequently file across several classes — with Class 31 anchoring the food line.
Common Filing Mistakes
- Filing processed food in Class 31: cooked, dried, or preserved foods are Class 29 or 30.
- Filing beverages in Class 31: juices and drinks are Class 32 or 33.
- Filing fertilizers in Class 31: chemical fertilizers are Class 1.
- Descriptive produce names: generic descriptions of the crop tend to be refused.
Frequently Asked Questions
Are fresh fruits and vegetables in Class 31?
Yes. Fresh, unprocessed fruits and vegetables are in Class 31, 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 class — Class 29, 30, or a beverage class. The dividing line is processing.
What's the difference between Class 31 and Class 29 or 30?
Class 31 covers fresh, natural, and unprocessed products. Class 29 covers animal-origin and preserved foods like meat, dairy, and jam. Class 30 covers grain-based and prepared staples like bread and coffee. A fresh tomato is Class 31; canned tomatoes are Class 29; tomato-based pasta sauce is Class 30.
Is pet food in Class 31?
Yes. Pet food, animal feed, and pet litter are in Class 31 alongside fresh produce and live animals. The premium pet-food market is a major and growing part of the class. 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 — such as proprietary apple or citrus varieties — can be trademarked in Class 31, and certification marks can protect quality or origin standards across many growers. The name must be distinctive; a generic description of the crop will be refused, but a coined varietal brand can register.
Search Class 31 Before You File
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, see which names are taken, and search the broader registry before you commit. Confirm whether you need Class 31, a processed-food class, or both for a range spanning fresh and packaged.