FMCG Trademark Class - Food Products, Coffee, Bread, Sugar, Nuts

 

FMCGs, or fast-moving consumer goods, have a major place in the global economy. FMCG can be a lucrative industry if done correctly. It offers a diverse range of products, including soft drinks and food but for protecting your business you must know the FMCG Trademark Class for your products.

The FMCG sector is the fourth largest in the Indian economy, with the urban segment accounting for around 55 per cent of total sales. 

However, due to increased internet penetration, increased awareness, rising income, and changing lifestyles, the FMCG market in rural India has grown faster than its urban counterparts. 

According to reports, FMCG products account for 50% of overall rural expenditure, demonstrating the industry's tremendous expansion among semi-urban and rural consumers.

 

Trademark Class for FMCG Products - Class 30 

Here is a complete overview of the FMCG Trademark Class 30. Each class represents a different category of products or services, and trademark registration online must be applied for or registered under that class. 

Trademark Class 30 covers coffee, tea, cocoa, and artificial coffee, rice; tapioca and sago; flour and cereal preparations; bread, pastry, and confectionery; edible ices; Sugar, honey, treacle; yeast, baking powder; salt; mustard; vinegar, sauces (condiments); spices; ice.

 

The following items are also included in the Trademark Class 30 :

• Coffee, cocoa, chocolate, or tea-based beverages;
• Cereals for human consumption (for example, oat flakes and those made of other cereals).

As a result, Trademark Class 30 mostly consists of meals of plant origin prepared for consumption or preservation, as well as auxiliaries intended to enhance food flavour.

 

List of goods in FMCG Trademark Class 30 

• Corn, roasted/maize, roasted, meat pies, noodle-based prepared meals, pasties, convenience food and savoury snacks, cereal-based snack food, cheeseburgers [sandwiches], chips [cereal goods], corn, roasted/maize, roasted
• Almond paste, almond candy, baking soda [bicarbonate of soda for cooking], beer vinegar, cooking salt, seawater for cooking, aromatic food preparations, and baking powder are all ingredients in cookies.
• Chocolate mousses, chocolate cake decorations, chocolate-based beverages, chocolate-coated nuts, cinnamon [spice], cocoa, cocoa beverages with milk, cocoa-based beverages, confectionery/sugar confectionery, custard, dessert mousses [confectionery], caramels, candy, candy cake decorations, cake frosting [icing].
• Tea, tea-based beverages, coffee, coffee beverages with milk, coffee flavourings [flavourings], coffee flavourings [flavourings], coffee flavourings [flavourings], coffee flavourings [flavourings], coffee flavourings [flavouring
• Rice, rice cakes, rice pudding, and rice-based snacks are all examples of rice-based foods.
• Wheat flour, the wheat germ for human consumption, yeast, crushed oats, unleavened bread, dough, tarts, cake powder, cake dough, cake batter, cakes, biscuits/cookies, waffles, wheat flour, the wheat germ for human consumption, yeast, unleavened bread, dough, tarts

 

Classes that are related to FMCG Trademark Class

If you're not sure whether or not to enrol in Class 30, you might want to look into the "coordinated" classes listed below: Chemicals are in Class 1, Pharmaceuticals are in Class 5, Meat, Fish, and Poultry are in Class 29, and Grains and Agriculture are in Class 31. 

Beers and Beverages are classified as Class 32, Alcoholic Beverages as Class 33, Advertising and Business Services as Class 35, Science and Technology Services as Class 42, and Food Services as Class 43.

A coordinated class is one that is linked to another, usually because the PTO has discovered that applicants who file in Class 30 also file in these other classes.

A class system governs trademark registration. You must pay a separate registration fee for each class of products or services that you register. 

When you register a trademark, you must select the appropriate class. You must restart the application process if you list the incorrect class.

Your registrations are limited to classes that cover the goods or services you already offer (as evidenced by the specimens you submit) or plan to offer in the future (if you are registering on an intent-to-use basis).

 

The following items are not in Class 30:

• Salt for preserving purposes other than foodstuffs; certain plant-based foodstuffs; salt for preserving purposes other than foodstuffs
• Medicinal teas, dietetic foods, and medically adapted substances;
• Food for babies;
• Supplements for the diet
• Cereals in their natural state; animal feed.

 

Supplying Examples for Trademark Class 30 

If you're registering a mark that's already in use in commerce, you'll need to provide a sample of the mark as it appears to consumers. The mark can be on or concerning goods in commerce on the specimen. 

A trademark specimen ought to be a label, tag, or container for the goods and display related to the goods. 

It is acceptable to provide a copy or other replica of a specimen of the mark as it is used on or in association with the goods.

A label is an admissible specimen in most circumstances. Where the trademark is affixed to the goods or containers for the goods in Class 30 by means of labels. If shipping or mailing labels are on the goods or the containers holding the goods, and if valid trademark usage establishes, they may accept.

If the mark is just used as a trading name and not as a trademark, they are not acceptable. 

The use of the phrase purely as a return address is an example of this.

 

The following are some key terms and facts to remember when looking up information on the FMCG Trademark Class: -

• Trademark Applicant - A Trademark Applicant is the one who applies for the BSE FMCG Trademark. Trade-mark Applicants become Registered Trade-mark Owners once the Applied Trademarks attain the ultimate level of Registration. BSE Limited is the trademark applicant in this case.

• IP India is a government agency that offers all information relating to intellectual property. Also, governs the regulations and operations of numerous intellectual properties, with trademarks being one of them.

• Trademark Registry - The Trademark Registry is a government registry that is part of IP India and is responsible for overseeing the trademark registration online process from start to finish. It is also an organisation that keeps track of the various trade-mark related activities that occur daily. The Trade-mark Registry employs a large number of people. For Example, examiners and registrars, who are constantly working to approve or disapprove trademarks.

• Trademark classes mean that the IP register has split all types of enterprises into specific sectors; there are 45 TM Classes in all that specify various company activities. The first 34 Trademark Classes are on manufacturing, whereas the next 11 Trademark Classes are on services. Each classification has a specific definition for the business activities covered by it. Such as, the Trademark Class 35 that the FMCG Brand belongs to, with the explanation of the compilation of mathematical or statistical data.

 

How FMCG Trademark Class benefits Import and Export?

The FMCG industry isn't just about selling goods on the domestic market but for the foreign countries as well.

India's biggest trading partners are Asian countries, which import a large amount of FMCG made in India. Because of the mutual procedures in place to assist commerce, it is quite easy to export foodstuffs, beverages, and other FMCG items to adjacent states.

Furthermore, the high quality and low pricing of these goods make importing FMCG products from India profitable for Asian countries. 

It necessitates the Indian firm to obtain export licences for its goods.

In all fields, an international trademark is extremely beneficial and acceptable around the world. It usually protects your interests during the import and export procedure.

If you learn of an infringement on your brand that occurred throughout the import and export procedure, you may have the right to sue the unauthorised users.