What trademark class is fresh fruit in?

Class 31 · Fresh produce & plants

Fresh fruits and vegetables, live plants, seeds, or animal feed.

64 accepted descriptions in the manual mention fresh fruit. For example:

• Fresh fruit
• Fresh star fruit
• Fresh kiwi fruit
• Fresh caja fruit
• Fresh palm fruits
• Fresh araca fruit
• Fresh araza fruit
• Fresh citrus fruit
• Fresh feijoa fruit
• Araca fruit, fresh
• Organic fresh fruit
• Fresh citrus fruits
• Fresh passion fruit
• Fresh cupuacu fruit

Class 30 · Coffee, snacks & baked goods

Coffee, tea, bread, sweets, snacks, or pantry staples like flour, spices, and sauces.

3 accepted descriptions in the manual mention fresh fruit. For example:

• Fresh fruits cut into flower shapes and at least partially coated with chocolate
• Vinegar infused with {specify, e.g., ginger, hot peppers, fresh culinary herbs, citrus fruit, etc.}
• Arrangements of cut fruit comprised of fresh fruits cut into flower shapes and at least partially coated with chocolate

Class 29 · Meats & prepared foods

Meat, dairy, eggs, snacks, or other prepared and preserved foods.

1 accepted description in the manual mention fresh fruit. For example:

• Fresh packaged fruit chunks of {indicate type of fruit, e.g., cantaloupe, pineapple, watermelon, etc.}

Class 35 · Retail, ads & business

You run a store, sell advertising or marketing, or provide business and office services.

1 accepted description in the manual mention fresh fruit. For example:

• Charitable services, namely, coordination of the procurement and distribution of in-kind donations of {specify types of goods or services, e.g., fresh fruit and vegetables, medical services, legal services, etc.} from {indicate donors, e.g., restaurants, health care providers, attorneys, etc.} to {indicate recipients, e.g., developmentally disabled adults and children, disadvantaged people, etc.}

What trademark class is fresh fruit in?

Fresh fruit sits in Class 31, fresh produce & plants. That is where the USPTO's own ID Manual puts it: 64 accepted descriptions mentioning fresh fruit fall in Class 31. Depending on exactly what you sell it can also fall in Class 30 or Class 29 or Class 35.

Do I have to file in more than one class?

You file in every class you actually use the mark in, and the USPTO charges its fee per class. Selling a product and also running an online store for it is two classes, not one. Filing in classes you do not use is worse than filing in too few: an application has to be supported by real use or a genuine intent to use.

Does the class decide whether my name is available?

No. The class decides what a registration covers. Availability turns on whether someone already holds a similar mark for related goods, and relatedness is judged on what the identifications say rather than on the class number, so marks in different classes can still conflict.