Ten Examples of Trade Marks in Class 31
When applying for trade mark registration, selecting a trade mark class or classes is one of the first steps you will be required to do. Selecting your trade mark classes is critical in determining the scope of your trade mark protection. Trade mark class 31 is one of the 45 different classes. Indeed, broadly, trade mark class 31 relates to agricultural goods.
To help you with the trade mark registration process, this article will explain what trade mark classes and coordinated classes are and provide examples of 10 different categories relating to class 31, with examples in each category.
Trade Mark Classes
When registering your trade mark, you will be required to select one or more classes for registration. In Australia, trade mark classes are divided into 45 different categories by the Nice classification system, which is comprised of 34 goods and 11 services. Indeed, the trade mark class system enables businesses with the same name but operating in entirely different markets to both operate without infringing on each others’ trade marks. You can search the Nice classification system to help you find the most appropriate class for your goods or services.
The trade mark classes you select are important because it will define your scope of protection.
This is because you can only protect your trade mark under the classes that you select. Once you have made your trade mark application, you will not be able to add additional classes. This is to prevent applicants from increasing their scope of protection. Instead, you must make an entirely new trade mark application.
Trade mark class 31 relates to a number of grain and agricultural products. In particular, class 31 largely relates to land products that have been prepared for consumption, live animals, plants and animal feed. For example, goods classified under this trade mark class can be divided into 10 different categories. Indeed, these categories can be seen in the table below.
|Algae and seaweed||Algae for human and animal consumption|
Seaweed for human and animal consumption
|Animal feed||Animal food|
Drinks for pets
Edible chews and dog biscuits
Linseed and flaxseed for animal consumption
Wheat germ and yeast for animal consumption
|Animal litter||Varieties of pet litter (including sand, peat and straw)|
|Flowers and turf||Natural and dried flowers (for decoration)|
|Fruits, vegetables and nuts (fresh)||Nuts (including hazelnuts, almonds, peanuts)|
|Fungi||Mushrooms (fresh or used for breeding)|
|Live animals||Bred animal stock|
Live cray fish and other crustaceans
Fish and fish eggs
Live fishing bait
Mussels and oysters
Sea cucumbers and shell fish
Silkworms and their eggs
Dried plants (for decoration)
|Raw plant residue||Raw cane|
|Trees and forestry goods||Palm leaves and trees|
Trees (including live Christmas trees)
Undressed and unsawn timber
While the inclusions in trade mark class 31 are quite comprehensive, some commonly mistaken goods that do not belong to trade mark class 31 include:
- micro-organisms that are used for medicinal/pharmaceutical purposes; and
- dietary supplements for animal consumption.
If your goods belong to either of these categories, you should consider trade mark class 5, which relates to pharmaceuticals.
If your goods seem to fit under class 31 but want to ensure your trade mark has comprehensive protection, you should consider ‘coordinated’ or similar trade mark classes. The following classes are considered coordinated with trade mark class 31. This includes class:
- 5 – pharmaceuticals;
- 29 – metal, fish and poultry;
- 30 – coffee;
- 32 – beers and beverages;
- 35 – advertising and business services;
- 42 – science and technology services;
- 43 – food services; and
- 44 – medical and vet services.
You can apply for a trade mark under more than one class. However, it is important to note that you will have to pay the registration fee for each trade mark class you apply for. Further, you must use your trade mark in each registered class to maintain its protection. Being registered under too many trade mark classes may make this difficult.
To obtain the most comprehensive trade mark protection for your goods, you must choose the best trade mark class for your products. Trade mark class 31 may be appropriate for your business if your goods are related to:
- animal feed;
- algae and seaweed;
- animal litter;
- flowers and turf;
- fruits, vegetables and nuts (fresh);
- live animals;
- raw plant residue; and
- trees and forestry goods.
If you need help determining the best trade mark class for your goods or need general trade mark assistance, our experienced IP lawyers can help. You can contact them on 1300 657 423 or by filling out the form on this page.
Frequently Asked Questions
When registering your trade mark, you will be required to select one or more classes for registration. The nice system classifies trade marks into 45 different classes, broken into 34 goods and 11 services. Trade mark classes are important because they determine the scope of your protection.
Trade mark class 31 is a class primarily relating to grain and agricultural products, including live organisms. Trade mark class 31 may be relevant to your goods if they relate to animal litter or feed, flowers or plants, or fresh fruits, vegetables or nuts.