Trademark Class 30: Food Products & Beverages

Trademark classification is a crucial step when registering a trademark. Under the Nice Classification (NCL) system, Class 30 covers a wide range of food products, primarily related to staple food items, including bakery goods, spices, cereals, and beverages (excluding alcoholic ones).

If you are involved in manufacturing, selling, or branding food products, Class 30 might be the right classification for your trademark registration.

What is Trademark Class 30?

Trademark Class 30 covers food and beverage products, including coffee, tea, cocoa, sugar, rice, flour, bread, pastries, confectionery, spices, and ice creams. It also includes processed cereals, pasta, sauces, and honey but excludes medicinal food products.

Overview of Trademark Class 30

Trademark Class 30 includes:

• Bakery products (bread, cakes, biscuits)
• Cereals and grains (rice, wheat, cornflakes)
• Spices and condiments (salt, pepper, mustard)
• Coffee, tea, cocoa, and substitutes
• Confectionery (chocolates, sweets, chewing gum)
• Ice creams and frozen desserts
• Pasta and noodles
• Sugar and sweeteners

List of Goods Covered Under Class 30

Class 30 of the Nice Classification (NCL) covers staple food products, including flour-based foods, baked goods, confectionery, spices, and non-alcoholic beverages (excluding milk-based drinks). Below is a more detailed categorization of products within Trademark Class 30:

1. Coffee, Tea, Cocoa, and Related Beverages

• Coffee (roasted, ground, whole beans)
• Coffee extracts, concentrates, and essences
• Instant coffee and coffee-based preparations
• Coffee substitutes (chicory-based, barley coffee, dandelion coffee)
• Tea (black, green, white, herbal, oolong, etc.)
• Tea extracts, concentrates, and essences
• Herbal teas (not for medicinal use)
• Cocoa and cocoa-based products
• Hot chocolate and cocoa-based beverages

2. Rice, Pasta, and Other Cereals

• Rice (all varieties, including brown, white, basmati, jasmine, etc.)
• Processed rice products (e.g., rice flakes, puffed rice)
• Pasta (spaghetti, macaroni, penne, fusilli, etc.)
• Noodles (instant noodles, egg noodles, ramen, udon, soba, etc.)
• Vermicelli and couscous
• Processed grains and cereals (excluding fresh grains – Class 31)
• Breakfast cereals (cornflakes, muesli, granola, oatmeal)
• Cereal bars and energy bars (excluding those with protein as a primary ingredient)
• Semolina and tapioca

3. Bread, Pastries, and Baked Goods

• Bread (white, whole wheat, multigrain, gluten-free, etc.)
• Buns, rolls, bagels, croissants
• Toasted bread, rusk, and crispbread
• Pastries and cakes (muffins, cupcakes, tarts, eclairs, Danish pastries)
• Pies and quiches (sweet and savory)
• Biscuits and cookies (shortbread, digestive biscuits, chocolate chip cookies)
• Crackers and wafers
• Doughnuts and sweet rolls
• Pizza and pizza bases
• Dough and batter (pancake batter, cookie dough)
• Frozen bakery products

4. Confectionery and Sweets

• Chocolate and chocolate-based products
• Candies and sweets (hard candy, gummy candies, marshmallows, toffees, caramels)
• Chewing gum (not for medicinal purposes)
• Ice cream, sorbets, and frozen desserts
• Sugar, sugar cubes, and artificial sweeteners
• Honey and natural sweeteners (maple syrup, agave syrup)
• Cereal-based snack foods (popcorn, caramelized popcorn)

5. Spices, Condiments, and Seasonings

• Salt (table salt, sea salt, flavored salt)
• Pepper (black pepper, white pepper, chili pepper)
• Vinegar (apple cider vinegar, balsamic vinegar, rice vinegar)
• Sauces (soy sauce, ketchup, mustard, mayonnaise, BBQ sauce, pasta sauces)
• Dips and spreads (hummus, guacamole, salsa)
• Salad dressings
• Spices and herbs (cumin, coriander, cinnamon, turmeric, oregano, basil, etc.)
• Curry powder and masala mixes
• Baking ingredients (vanilla extract, cocoa powder, yeast, baking powder)

6. Sugar and Sweetening Preparations

• Sugar (white, brown, powdered, cane, coconut sugar)
• Artificial sweeteners (stevia, sucralose, aspartame)
• Syrups (maple syrup, corn syrup, flavored syrups)
• Molasses and treacle

7. Ice Cream and Frozen Desserts

• Ice cream (dairy and non-dairy)
• Sorbet and sherbet
• Frozen yogurt
• Ice pops and flavored ice

8. Snacks and Ready-to-Eat Foods

• Popcorn (salted, caramelized, buttered)
• Chips and crisps (potato chips, tortilla chips, vegetable chips)
• Pretzels and rice cakes
• Granola bars and cereal bars
• Instant foods (instant mashed potatoes, instant rice, instant oatmeal)
• Sandwiches and wraps (pre-packaged)
• Ready-to-eat meals (pasta-based, rice-based)

9. Yeast, Baking Powder, and Other Baking Ingredients

• Yeast (active dry yeast, instant yeast, fresh yeast)
• Baking soda and baking powder
• Gelatin (for food preparation)
• Custard powder

10. Other Staple Food Products

• Edible starches (cornstarch, potato starch, arrowroot)
• Dough and mixes (bread mix, cake mix, pancake mix)
• Pudding and dessert mixes (custard, gelatin desserts)

Exclusions from Class 30

• Fresh fruits and vegetables → Class 31
• Fresh meats and seafood → Class 29
• Dairy products (milk, cheese, yogurt) → Class 29
• Alcoholic beverages → Class 33
• Non-alcoholic beverages (except coffee, tea, and cocoa) → Class 32
• Medicinal teas and herbal supplements → Class 5

Importance of Trademark Registration in Class 30

1. Brand Protection

Registering a trademark in Class 30 prevents others from using a similar brand name for food products, protecting your brand identity.

2. Legal Rights & Exclusivity

A registered trademark gives the owner exclusive rights to use the mark for the registered goods under Class 30.

3. Market Recognition & Consumer Trust

A well-protected brand helps in building consumer loyalty and differentiating products from competitors.

4. Preventing Trademark Infringement

If your mark is registered under Class 30, you can legally challenge any competitor who tries to use a similar mark for similar goods.

Who Should Apply for a Class 30 Trademark?

You should consider registering under Class 30 if you:
?? Manufacture or sell coffee, tea, or cocoa-based drinks
?? Operate a bakery or confectionery business
?? Produce packaged cereals, rice, or pasta
?? Deal in spices, condiments, or sauces
?? Manufacture ice creams or frozen desserts
?? Sell processed snack foods

How to Register a Trademark under Class 30 in India?

Step 1: Conduct a Trademark Search

Before filing, check for similar trademarks on the IP India database to ensure uniqueness.

Step 2: Prepare Your Application

You need:

• Applicant’s details
• Brand name/logo
• A description of goods (falling under Class 30)
• A Power of Attorney (if filing through an agent)

Step 3: File the Trademark Application

You can file online via IP India’s website or through an attorney.

Step 4: Examination & Publication

The Trademark Registry examines the application, and if no objections arise, it gets published in the Trademark Journal.

Step 5: Registration & Certificate Issuance

If no oppositions arise within 4 months of journal publication, the mark gets registered, and the Trademark Registration Certificate is issued.

Common Trademark Challenges in Class 30

a) Likelihood of Confusion

Food brands often face rejection due to similarity with existing trademarks. Conducting a thorough trademark search is crucial.

b) Descriptive Names

Generic names like “Best Spices” or “Sweet Sugar” may be rejected for being too descriptive.

c) Oppositions by Competitors

Big brands may file oppositions against your trademark if they find it too similar to theirs.

Case Studies of Class 30 Trademarks

Case 1: Cadbury vs. ITC (Trademark Color Dispute)

Cadbury registered the purple color for its Dairy Milk chocolates under Class 30. ITC challenged the exclusivity of the color. The court ruled that color trademarks must have distinctiveness.

Case 2: Nestlé’s KITKAT Shape Mark Dispute

Nestlé tried to trademark the four-fingered KitKat shape under Class 30 but faced legal opposition, as the shape was deemed non-distinctive.

Case 3: McDonald’s vs. McCurry

McDonald’s sued “McCurry” (a local food brand in Malaysia) for trademark infringement under Class 30. However, the court ruled that “McCurry” was different from “McDonald’s,” allowing its use.

Registering under Class 30 is essential for food product businesses to protect brand identity, prevent infringement, and ensure exclusivity in the market. Conducting a proper trademark search, choosing a distinctive name, and seeking legal guidance can streamline the registration process.

If you need expert assistance in trademark registration for Class 30, Online Legal India can help you file and secure your trademark effortlessly.