A trademark is a legally registered symbol, word, or phrase that identifies a company. If your company has an identifying mark, it’s best to get it registered as a trademark. A trademark will protect your company’s logo or phrase from being used by any other company.
How do you apply for a trademark? The United States Patent and Trademark Office (USPTO) approves trademark applications, and you can apply online. The USPTO divides all trademarks into 45 different classes, each representing a different group of products or services. This article will cover trademark class 29.
Why Are There Trademark Classes?
There are so many trademarks out there, that it makes sense to put them into groups, just for organization. Also, since the USPTO breaks trademarks into classes, they can approve two companies with the same name as long as those companies are not in the same class. Thrifty rental cars and Thrifty grocery stores can both get a trademark since they are not in competition with each other and are in different trademark classes. The chances are very low that consumers will be confused about who is providing which product or service.
When you fill out your application with the USPTO, they will ask you what class your product or service is in. It’s important to put down the correct class, or the USPTO could reject your application. You can file under more than one class if your product or service covers many categories, but you’ll have to pay the fee for each class.
Trademark Class 29
Class 29 is a culinary class, which means it has to do with food products. This trademark class covers all meats, fish, poultry and wild game, as well as eggs and milk. Some vegetables, oils, and condiments are in this category too.
All meat, including meat spreads and potted meat, are in trademark class 29. This includes beef, pork, poultry, game, sausages, tripe, and marrow. Some trademarks that fall into this category are Johnsonville sausages and Purdue chicken.
All your favorite seafood is in this category: fish, shrimp, lobster, oysters, clams, and crab. Some of the less-common seafood is here too, like sea cucumber, sardines, seaweed, and caviar.
Milk, cream, and all milk products are on this list. All kinds of cheese and cheese spreads are here as well. Butter and all butter spreads and margarines are also in this category.
If you can name a nut, it’s in class 29. All nut spreads, like peanut and almond butter land here too. This class also includes nut oils, like sunflower and peanut oil.
Olives and coconuts
Since coconut and olive oil are so popular right now, we’ll highlight the coconut and olive products that are in class 29:
- Coconuts and coconut oil
- Olives and olive oil
- Coconut butter
- Coconut fat
Fruits and fruit products are in class 29.
- Fruit leather and fruit snacks
- Dried fruit
- Fruit pulp and peel
- Frozen and canned fruit
- Fruit spreads (marmalade, jams, and jellies)
- Fruit chips
Cooked, dried, frozen or juiced vegetables are in this category. Vegetable preserves like pickles and jarred jalapenos are in class 29 too.
Related Items That Are Not in Class 29
With some products, it can be hard to determine which trademark class they belong in. If you are not sure if your product fits into trademark class 29, consider some of these related classes to help you decide:
- Animal food does not fall into this category. If the food product is only meant to feed pets or livestock, it should be in trademark class 31 – grains and agriculture.
- Baby food is in class 5 – pharmaceuticals.
- Salad dressing, surprisingly, is not in class 29. Instead, the USPTO classifies it as class 30 – coffee, flour, and rice.
- Fertilized eggs are meant for hatching into chickens. This makes them potential farm animals, which puts them in class 31 – grains and agriculture.
- Dietetic food – any supplements or food made especially for medical use is categorized into class 5 – pharmaceuticals.
- Drinks are not included in trademark class 29. There are two classes designated for drinks, depending on what kind: class 32 – light beverage products (beer, water, fruit juices, soda), and class 33 – wines and spirits.
The USPTO requires you to file under the correct class when you file a trademark application. You can file under more than one class, (for instance, if you sell canned fruit and fruit juice) but you’ll have to pay a fee for each class. If you plan to apply for a trademark, it’s best to consult with an experienced trademark lawyer.
A lawyer can make sure you are filing under the right class and will help you avoid infringing on another company’s trademark. You don’t want to go through the time and expense of applying for a trademark, only to have it rejected by the USPTO. A trademark lawyer can help you avoid rejection by walking you through the application process.