Trademark Class 31: Agricultural Products, Seeds, Plants, Raw Food & Live Animals – Complete Legal & Business Guide (India)

Introduction

India is one of the largest producers of agricultural goods, cereals, vegetables, flowers, fruits, seeds, and livestock. In the era of organic farming, FPOs, direct farm-to-home startups, seed and plant eCommerce, and horticulture brands, protecting brand identity is vital. That’s where Trademark Class 31 comes in.

If you deal in unprocessed foods, grains, raw fruits and vegetables, seeds, fresh flowers, fodder, live animals, aquarium fish, or nursery plants, this class ensures your brand is legally secure.

This article covers:

  • Products included and excluded in Class 31
  • Filing procedures and examples
  • Real trademarks and case studies
  • Strategy for exporters and agri-startups
  • FAQs and compliance tips

Let’s explore how Class 31 strengthens agriculture, livestock, and farming-based brands.


Legal Definition in India

Under the Nice Classification (11th edition) of the Trade Marks Act, 1999, Trademark Class 31 includes:

“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.”

Who Should Register Under Class 31?

  • Organic farms and agribusinesses
  • Horticulture and gardening startups
  • Agri-exporters of raw produce
  • Nurseries and plant eCommerce companies
  • Seed producers and agri-input dealers
  • Dairy and poultry breeders (live animals)
  • Fodder and animal feed manufacturers
  • Aquarium suppliers and pet breeders

If your product is grown, harvested, raised, or caught in natural form and not industrially processed, it belongs to Class 31.


Class 31 Covers:

Raw Agricultural & Forestry Goods

  • Paddy, wheat, barley, maize
  • Lentils, chickpeas, soybeans (raw)
  • Unprocessed cereals and pulses
  • Raw herbs and crops
  • Raw coconut, raw sugarcane
  • Fresh green fodder

Seeds & Planting Materials

  • Seeds (wheat, vegetables, grass)
  • Bulbs, tubers (potatoes, onions)
  • Saplings and seedlings
  • Grafted plants, cuttings, clones
  • Organic manure made from plant waste

Live Animals & Animal Feed

  • Poultry (hens, ducks, geese)
  • Livestock (cows, buffaloes, goats)
  • Fish (aquarium or aquaculture)
  • Silkworms, bees
  • Animal and bird feed
  • Cattle feed and fodder

Fresh Fruits & Vegetables

  • Raw, uncut fruits and vegetables
  • Farm-fresh herbs (basil, coriander)
  • Organic produce, leafy greens
  • Microgreens (uncooked, unprocessed)

Flowers, Trees & Plants

  • Fresh flowers (roses, marigolds)
  • Bonsai, ornamental, and indoor plants
  • Potted plants with/without soil
  • Shrubs, trees, and climbers

Examples of Products Under Class 31

  1. Basmati paddy (raw)
  2. Mangoes, bananas, apples (fresh)
  3. Onion and tomato seeds
  4. Organic spinach and methi leaves
  5. Live hens and pet fish
  6. Bonsai sold online
  7. Bird feed and grains
  8. Saplings and potted plants
  9. Sugarcane (raw form)

Products NOT Included in Class 31

Item Correct Class
Processed grains (e.g., rice, atta)Class 30
Fruit juice, jams, picklesClass 29 or 32
Edible oil, gheeClass 29
Spices, masalasClass 30
Animal nutritional supplementsClass 5
Wood, timber, logsClass 19
Fertilizers, pesticidesClass 1 or 5
Agricultural machineryClass 7
Online grocery storesClass 35

Key Rule: If the product is fresh, raw, unprocessed, and natural, it belongs to Class 31.


Why Class 31 Trademark Is Important

  • Secures brand identity for raw produce
  • Protects against duplication
  • Enables eCommerce listing (BigBasket, JioMart)
  • Essential for certification & GI-tagged goods
  • Increases investor confidence

Trademark + FSSAI + Certification = Legal Ecosystem


Real Trademark Examples (India – Class 31)

Brand Name Trademarked Products
NAMDHARI SEEDSVegetable and fruit seeds
ORGANIC INDIAOrganic herbs and plants
JAIN IRRIGATIONVegetable seedlings
SEEDWORKSHybrid maize and paddy
PLANT STORYIndoor bonsai and plants
GREENZONBird and cattle feed
FISHWORLDAquarium fish

Trademark Filing Process (India – Class 31)

  1. Trademark Search in Class 31 (IP India)
  2. File TM-A with product description
  3. Submit online or via agent
  4. Registrar examination & journal publication
  5. Opposition window (4 months)
  6. Get certificate (valid for 10 years)

Required Documents:

  • PAN/Aadhaar
  • Logo image (if device mark)
  • MSME/Udyam for fee rebate
  • TM-48 (if via agent)

Madrid Protocol Filing – Class 31

For exporters of seeds, fruits, flowers, plants, or bonsai:

Jurisdiction Trademark Class
IndiaClass 31
USAClass 031
EU / UK / WIPOClass 31

Common Filing Mistakes

  • Wrong class for processed grains
  • Unclear “organic” product descriptions
  • Mixing seed packets with additives
  • Omitting plant sub-brands or seed types

Tips for Applicants

  • List each seed or plant variety by name
  • Mention product form (raw/unprocessed)
  • Use precise descriptions like “indoor bonsai”

FAQs – Trademark Class 31

  • Q1: Are fruits and vegetables included?
    ✅ Yes, if raw.
  • Q4: Are poultry animals covered?
    ✅ Yes, if live.
  • Q7: Coated seeds?
    ⚠️ May also need Class 1.
  • Q10: Cattle feed?
    ✅ Yes.

Conclusion

Trademark Class 31 is essential for raw produce, live animals, and natural products. It protects agri-startups, exporters, nursery brands, and organic farms from misuse and builds premium brand equity in India and globally.


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