Deciphering Class 31 of nice classification for trademarks:
Trademark Class 31 is one of 45 NICE classifications used to identify and classify products and/or services.
Class 31 for trademarks a brief description:
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.
Class 31 for trademarks header:
The Nice Class Headings describe in very broad terms the nature of the goods or services contained in each class. The Class 31 class header 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.
Famous brands protected on class 31:
Park Seed
101 Harca Harca Bitmez
Migros
Delmonte
SunSeed
Nestlé Purina PetCare
Mars Petcare
Kellogg Company
Quaker Oats
West Fraser Timber
Trademark Class 31 includes, in particular:
Unprocessed cereals
Fresh fruits and vegetables, even after washing or waxing
Unprocessed algae
Unsawn timber
Fertilized eggs for hatching
Fresh mushrooms and truffles
Litter for animals, for example, aromatic sand, sanded paper for pets
Trademark Class 31 does not include, in particular:
Cultures of micro-organisms and leeches for medical purposes Class 5.
Dietary supplements for animals and medicated animal feed Class 5.
Semi-worked woods Class 19.
Artificial fishing bait Class 28.
Rice Class 30.
Tobacco Class 34.
Unusual Class 31 Examples: Plant residuals, which are used as raw materials, the raw material of cane, coconut shell, residual fruits marc, the residue, is still after the distillation process, straw mulch.
Trademark classes are coordinated and similar to class 31:
If the applicant is not sure whether to register in Class 31, the following ‘coordinated’ classes may be considered:
Pharmaceuticals under Trademark Class 5.
Medical and Vet Services are provided under Trademark Class 44.
Food Services stated under Trademark Class 43,
Science and Technology Services as stated under Trademark Class 42.
Advertising and Business Services as explained in Trademark Class 35,
Beers and Beverages as per the Trademark Class 32,
Coffee, Flour, Rice as mentioned in Trademark Class 30, and
Meat, Fish, and Poultry as stated under Trademark Class 29.
Trademark Class 31 and the Metaverse:
Companies appear to be seeking protection for the following kinds of goods: downloadable virtual goods, retail shop services that include virtual goods, and online non-downloadable virtual goods. The descriptions of goods and services are likely to become increasingly similar when these applications are assessed by multiple trademark agencies. In most jurisdictions, the rights are held by the first individual to file for a trademark on an intent-to-use basis. Even in the United States, where actual commercial use takes precedence over a prior filing date, timely filing is critical because it establishes the first use date—even if commercial use happens later. Until today, trademarks were being filed in the metaverse in classes 9, 35, 36, and 42. How long will it take until the virtual world finds its way and starts filing in other classes, such as Class 31?
Changes in the nice classification relating to trademark goods on Class 31
There were multiple additions made to Class 31 of the Nice Classification, as listed below:
Birch sauna whisks
Unprocessed squash seeds
Hemp seeds, unprocessed
Spelt, unprocessed
Catnip
Small spelt, unprocessed
Sand for pet toilets
Understanding the main elements of Class 31:
The, EUIPO in collaboration with WIPO, has developed a hierarchy of goods and services within a class to link the different products and to make the classification process easier. The hierarchy has no legal effect in trademark examination or the comparison of goods and services; it was only created as an assistive tool. This is without prejudice to the possibility of using the hierarchy as an administrative tool in the specification of goods and services voluntarily.
Class 31 in Nice classification is divided into the subsections below:
Trademark Class 31 - Subsection 1 –
Live animals, organisms for breeding
Trademark Class 31 - Subsection 2 –
Agricultural and aquacultural crops, horticulture, and forestry products
Algae for human and animal Consumption
Plants
Fresh fruits, nuts, vegetables, and herbs
Malts and unprocessed cereals natural turf
Flowers
Seeds, bulbs, and seedlings for plant breeding
Trees and forestry products
Plant residues
Fungi
Trademark Class 31 - Subsection 3 –
Foodstuffs and fodder for animals
Trademark Class 31 - Subsection 4 –
Bedding and litter for animals