What Does Class 30 Cover in a Trademark Application?

By Josh Gerben, Esq.

When you complete a trademark application with the USPTO, you’ll be asked to select from a list of 45 trademark classes, 34 for goods and 11 for services. Every good or service you plan to offer should fall under one of these classes, but it can be challenging to select the right classes for your brand. Trademark Class 30 is one of a handful of classes related to food products, though not all foods fall under Class 30. Is it the right class for your business? Read on to learn more about Class 30 for Staple Foods.

Overview of Class 30-Staple Foods

Trademark Class 30 is a commonly used class of goods because it covers a wide variety of beverages, foods, and staple ingredients. Class 30 doesn’t cover services related to the food industry, but rather the sale of certain food items. A full list can be found on the USPTO site, but some items include:

• Coffee
•  Tea
• Cocoa
• Flour
• Tapioca
• Baking power
• Yeast
• Prepared cereals
• Bread
• Pastries
• Spices
• Sugar
• Rice
• Vinegar

While Class 30 includes many commonly purchased grocery items, not all foods and beverages fall under this class. Some goods not included in Class 30 are:

• Baby food
• Food for animals
• Salt for preserving other foods
• Medicinal teas
• Alcoholic beverages
• Edible oils and fats

Which Specimens are Acceptable for Class 30?

In addition to including the trademark classes that best represent the goods and services you plan to offer, you’ll also need to include a specimen with your trademark application. A specimen is a sample of how your trademark will be used in commerce. If you aren’t currently offering your product, you’ll need to complete an Intent-to-Use form in lieu of your specimen, but a specimen will need to be provided within the timeframe set by the USPTO.

Because Class 30 represents goods, acceptable specimens include labels, tags, and containers for the item with the trademark clearly visible. A photocopy or reproduction of the label or tag will fill this requirement. If your specimen is a trademark that is stamped or imprinted on the container itself, a photo showing the actual stamp or imprint will also be accepted.

Important Considerations When Selecting the Right Classes

Businesses often offer more than one product or provide a service in addition to the sale of their product. In these situations, a business owner must file for multiple trademark classes. Even if Class 30 encompasses the majority of your business’s operations, consider other goods and services you plan to offer as well. For example, if you sell sparkling water in addition to tea and coffee, you will also need to file for Class 32-Beers and Beverages. Additional coordinating classes may include:

• Class 1-Chemicals
• Class 29-Meat, Fish, and Poultry
• Class 31-Grains, Agriculture
• Class 33-Alcoholic Beverages
• Class 35-Advertising and Business Services
• Class 43-Food Services

Once your trademark is registered with the USPTO, it will only be protected in the classes you’ve selected in your trademark application. That’s why choosing the right trademark classes to represent your goods and services is so important. With 45 different classes to choose from, however, it can be challenging to know which classes to select. Choosing too many classes could drive up the cost to file your trademark, while choosing the wrong classes could leave your mark unprotected. Consider working with an experienced trademark attorney that can review your business plan and help you select the right trademark classes for your business, while helping you to obtain the broadest protections possible.

Trademark Class 30

If you plan to sell a food or beverage, you may be wondering if Class 30 is the right trademark class for your brand. Class 30 for Staple Foods includes a range of foods and beverages, from coffee and tea to sugar and baking powder, but it does not cover processed foods, meats, and alcoholic beverages, to name a few. You may need to include several trademark classes to ensure your brand is protected. Consider working with an attorney to determine which trademark classes are best for your business and to select the right specimen to include in your application. Contact Gerben IP today to begin the process to register your trademark.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.