Trademark Class for Food Products in India: Classes 29, 30, 31 and 32
Short answer: Food products in India fall into four main trademark classes. Class 29 covers meat, dairy, edible oils, pickles and prepared fruit, vegetables and nuts. Class 30 covers tea, coffee, spices, flour, rice, bakery, sweets and ice cream. Class 31 covers fresh, unprocessed produce and pet food, and Class 32 covers non-alcoholic drinks and beer. Many food brands need both 29 and 30.
The four food classes at a glance
- Class 29: foods of animal origin and prepared or preserved fruit, vegetables, pulses and nuts. Milk and milk products, ghee, edible oils, pickles, jams, frozen vegetables, processed dry fruits, potato and fruit chips, soups.
- Class 30: mainly plant-origin staples and flavourings. Tea, coffee, cocoa, rice, atta and other flours, bread, biscuits, cakes, confectionery, ice cream, sugar, honey, salt, spices and masala, sauces and chutneys, pizza and sandwiches.
- Class 31: products not prepared for eating. Fresh fruit and vegetables, raw nuts, unprocessed grains and paddy, fresh herbs, seeds for planting, live animals, pet food and animal feed.
- Class 32: non-alcoholic drinks and beer. Packaged drinking water, soda, soft drinks, fruit juices, energy drinks and syrups for making drinks. Other alcoholic drinks are Class 33.
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Snacks and namkeen: Class 29 or 30?
The main ingredient decides. Potato chips, banana and other fruit chips, flavoured nuts, fried dal and other prepared pulses, and vegetable-based snacks are Class 29. Cereal-based and rice-based snacks, and farsan made from grain or flour, are Class 30.
Besan items such as sev, gathiya and bhujia are not named in the Nice list. Besan is a pulse flour, and bean flour is listed in Class 30, so they are best filed in Class 30 with other flour-based snacks. A mixed namkeen range, with chips, nuts or fried dal alongside sev and bhujia, needs both Class 29 and Class 30. That is the most common gap in Gujarati snack brands: a filing in only one class leaves half the range unprotected.
Dairy, sweets and drinks: the lines people miss
- Milk, curd, butter, cheese and ghee are Class 29, and so are flavoured milk and milkshakes. Ice cream and frozen yogurt are Class 30.
- Pickles (achar) are Class 29 as preserved vegetables, but chutneys and ketchup are Class 30 as condiments.
- Sweets and confectionery are Class 30. Chocolate-coated nuts are Class 30, while plain processed nuts are Class 29.
- Tea and coffee are Class 30. Herbal tea sold as an ordinary drink is Class 30, but herbal tea sold for a medicinal purpose is Class 5.
- Juices, packaged water and soft drinks are Class 32. Beer is Class 32 too; wine and spirits are Class 33.
- Baby food, infant formula and protein powder sold as a dietary supplement are Class 5. A high-protein snack bar sold as food is Class 30.
Quick reference: food products and their classes
For anything not listed, search the product in the trademark class finder.
| Product | Class |
|---|---|
| Ghee, milk, curd, paneer, butter | 29 |
| Edible oil | 29 |
| Pickles, jams, frozen vegetables | 29 |
| Potato chips, banana chips, roasted nuts | 29 |
| Fried dal and roasted chana | 29 |
| Sev, gathiya, bhujia (besan) | 30 |
| Spices, masala, tea, coffee | 30 |
| Atta, besan, rice (processed), poha | 30 |
| Biscuits, bread, cakes, sweets | 30 |
| Ice cream, chutney, sauces, honey | 30 |
| Mixed namkeen range (sev with chips, nuts or dal) | 29 and 30 |
| Fresh fruit and vegetables, raw nuts, paddy | 31 |
| Pet food and cattle feed | 31 |
| Packaged water, juice, soft drinks | 32 |
| Baby food, protein supplements | 5 |
Restaurants, cloud kitchens and food shops
Serving food is a service, not a product. A restaurant, cafe, sweet shop with seating, cloud kitchen or caterer is Class 43; see the trademark class for a restaurant. A grocery store or online food shop is a retail service in Class 35. If you also sell your own packaged products, file the goods class for them as well.
Government fees for a food brand
The fee is charged per class. Online, it is Rs 4,500 per class for an individual, a DPIIT-recognised startup or a small enterprise (with the supporting certificate), and Rs 9,000 per class for other applicants. A namkeen brand filing in Classes 29 and 30 therefore pays Rs 9,000 as a small enterprise, or Rs 18,000 as any other applicant. See the MSME and startup fee concession and the full trademark registration fees.
Before you file a food trademark
Descriptive names are the main problem in food classes. In ITC v Nestle, the Madras High Court held that a flavour description like "Magic Masala" could not be monopolised. In Marico v Agro Tech, the Delhi High Court treated "Losorb", a misspelling of "low absorb", as descriptive of cooking oil. A coined name is far easier to protect.
A similar name for different food products is not always a bar. In Nandhini Deluxe v Karnataka Milk Federation, the Supreme Court allowed "NANDHINI" for a restaurant's foodstuffs despite the earlier "NANDINI" for milk products. An FSSAI licence or registration is needed to sell food, but it does not protect a brand name, and a trademark does not replace it.