INTERNATIONAL
CLASS 30
(Foods)
GENERAL SCOPE OF CLASS 30: Coffee,
tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparations made from cereals, bread, pastry and confectionery, honey,
treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments);
spices; ice.
1. SEARCHING
a.
|
RELATED INTERNATIONAL CLASSES |
|
|
29 |
Food
and beverages |
|
31 |
Unprocessed
foods |
|
32 |
Beverages |
|
33 |
Alcoholic
beverages |
|
5 |
Baby
food, diet food, dietary supplements |
|
35 |
Grocery
stores and delicatessens |
|
43 (for-mer
42) |
Restaurant
and catering services |
b. USING COORDINATED
CLASSES
029[CC]: yields 005, 030, 031,
032, 033, 035, 042, 043, A, B, 200
030[CC]:
yields 001, 005, 029, 031, 032, 033, 035, 042, 043, A, B, 200 (Usually,
most useful to search)
031[CC]: yields 005, 029, 030, 035, 042, 043, 044, A, B, 200
032[CC]: yields 005, 029, 030, 031, 033, 035, 042, 043, A, B, 200
033[CC]: yields 005, 029, 030, 031, 032, 035, 042, 043, A, B, 200
2. IDENTIFICATION
ISSUES
·
flavoring
additives for non-nutritional purposes
·
bakery
goods or products or desserts
·
grain-based
beverages
·
herbal
food beverages
· chocolate food beverages not being dairy-based or vegetable based
·
breakfast
or processed cereals
·
flour
or grain-based chips
·
entrees
or meals consisting primarily of pasta or rice
·
frozen
yogurt
·
processed
grains
·
hamburger
or hot dog sandwiches
·
processed
herbs
·
ice
cream
·
ice
milk
·
popped
or processed popcorn
·
macaroni,
pasta or rice salads
·
sauces
b. CERTAIN GOODS ARE
EXCLUDED FROM CLASS 30
·
animal
feed additives for non-nutritional purposes for use as a flavoring – 31
·
food
flavoring, being essential oils – 3
· dairy or vegetable based food beverages – 29
·
unprocessed
cereals – 31
·
potato
or fruit chips – 29
·
entrees
or meals consisting primarily of meat, fish, poultry or vegetables – 29
·
dairy
products excluding ice cream, ice milk or frozen yogurt – 29
·
unprocessed
grains for eating or agricultural grains for planting – 31
·
hamburger
[meat only, not sandwiches] – 29
·
hot
dogs [meat only, not sandwiches] – 29
·
unprocessed,
raw or fresh herbs – 31
·
salads
except macaroni, rice and pasta salad – 29
·
fruit
sauces - 29
c. INDEFINITE TERMINOLOGY
Condiments
Confectionery
Salads
Syrups
Toppings
Popcorn
NOTE: all sauces are in IC 30
except fruit sauces, which are in 31.
Popped popcorn is in IC 30, while unpopped popcorn is in IC 31. Processed grains and cereals are in IC 30,
while unprocessed are in 31. Chocolate
covered fruits and nuts are in IC 30, while candied fruits and nuts are in 29,
processed nuts and fruits are in IC 29 and unprocessed nuts and fruits are in
31. Any product enclosed in flour or
bread is in IC 30.
Don’t use registered marks
in id’s:
KARMELKORN
POPSICLE
3. DESCRIPTIVE REFUSALS
Evidence
Two
useful on-line resources for class 30 examination are:
SOME DESCRIPTIVE TERMS
LITE
(LIGHT)
BITS
BITES
MORSELS
MUNCHIES
NUGGETS
TREATS
SNACKS
4. SPECIMEN ISSUES
Menus are acceptable for foods where the mark is used to identify certain food items that have been prepared for consumption on or off the premises. See In re Marriott Corporation, 173 USPQ 799 (CCPA 1972), where “TEEN TWIST” was used on a menu to designate a ham, cheese and tomato sandwich. However, please note In re Brown & Portillo Inc., 5 USPQ2d 1381 (TTAB 1987) and In re El Torito Restaurants Inc., 9 USPQ2d 2002 (TTAB 1988) in which a term used to identify a single menu item found not to function as a service mark to identify restaurant services.
A mark displayed on a truck with refrigeration is an acceptable use since the truck acts as a container for the goods and a photograph of the truck with that display serves as an acceptable specimen. See In re E.A. Miller & Sons Packing Co., Inc., 225 USPQ 592 (TTAB 1985).
Displays associated with the goods are sometimes submitted. These are usually acceptable if it is clear how such displays are used with the goods. If there is doubt, an explanation should be required.