Trademark Registration Classes in India
Trademark registration in India is the legal process of registering a distinctive brand name, logo, word, symbol, phrase, or other mark with the Trade Marks Registry to obtain legal protection. A trademark helps distinguish the goods or services of one business from those of another and gives the registered proprietor statutory rights over the mark for the goods or services covered by the registration.
Before filing a trademark application, it is important to identify the goods or services for which the trademark will be used. India follows the internationally recognised Nice Classification system, which divides goods and services into 45 trademark Classes. Classes 1 to 34 cover goods, while Classes 35 to 45 cover services.
Selecting the correct class is important because trademark protection is connected to the goods or services specified in the application. Businesses offering products or services across different categories may need to register their trademark in multiple Classes.
If you are planning to file a trademark application, understanding how to apply for trademark registration in India is an essential first step before selecting the appropriate class.
What Is Trademark Registration in India?
Trademark registration is the process of officially registering a distinctive mark with the Trade Marks Registry in India. A trademark may include a brand name, word, logo, symbol, tagline, label, numerals, or other distinctive elements used to distinguish the goods or services of one business from those of another.
The registration process is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. Once registered, the proprietor receives statutory rights over the trademark in connection with the goods or services covered by the registration.
Trademark registration can also provide a legal basis for taking appropriate action against infringement and can become an important intellectual property asset for a business.
Since trademark protection is connected to the goods and services specified in the application, selecting the appropriate trademark class is an important part of the registration process.
What Are Trademark Registration Classes in India?
Trademark registration Classes in India are categories used to classify the goods and services for which a trademark is registered. India follows the Nice Classification, an international classification system maintained by the World Intellectual Property Organization (WIPO).
There are 45 trademark Classes in total:
- Classes 1 to 34: Goods and physical products
- Classes 35 to 45: Services
Each class contains specific goods or services that fall within its scope. A trademark registered in one class does not automatically provide the same protection for unrelated goods or services in every other class. Therefore, businesses should identify all Classes relevant to their activities before filing.
How Many Trademark Classes Are There in India?
There are 45 trademark registration Classes in India under the Nice Classification system. Classes 1 to 34 cover goods, while Classes 35 to 45 cover services.
The Nice Classification is periodically updated. Therefore, applicants should check the current classification and detailed goods or services descriptions when preparing a new trademark application.
What Are the Trademark Classes for Goods in India?
Classes 1 to 34 cover goods and physical products. The following table provides a practical overview of the major categories covered by each class:
| Class | Category | Examples |
|---|---|---|
| Class 1 | Chemicals | Industrial chemicals, fertilisers, adhesives |
| Class 2 | Paints and Colorants | Paints, varnishes, dyes, printing inks |
| Class 3 | Cosmetics and Cleaning | Soaps, perfumes, cosmetics, shampoos |
| Class 4 | Oils and Fuels | Industrial oils, lubricants, fuels, candles |
| Class 5 | Pharmaceuticals | Medicines, dietary supplements, sanitary preparations |
| Class 6 | Metal Goods | Metal hardware, building materials, safes |
| Class 7 | Machinery | Machines, machine tools, motors and engines |
| Class 8 | Hand Tools and Cutlery | Hand-operated tools, cutlery, razors |
| Class 9 | Electronics and Technology | Computers, electronic devices, software products |
| Class 10 | Medical Devices | Medical, surgical, dental and veterinary instruments |
| Class 11 | Lighting and Sanitary Equipment | Lighting, heating, cooling and sanitary apparatus |
| Class 12 | Vehicles | Vehicles and apparatus for land, air or water |
| Class 13 | Firearms and Ammunition | Firearms, ammunition and explosives |
| Class 14 | Jewellery and Watches | Jewellery, gemstones, watches and precious metals |
| Class 15 | Musical Instruments | Musical instruments and related accessories |
| Class 16 | Paper and Printed Materials | Paper, stationery, books and printed matter |
| Class 17 | Rubber and Insulating Materials | Rubber, plastics and insulation materials |
| Class 18 | Leather and Bags | Leather goods, luggage, handbags and wallets |
| Class 19 | Building Materials | Non-metallic building materials and pipes |
| Class 20 | Furniture | Furniture, mirrors and picture frames |
| Class 21 | Household and Kitchen Goods | Kitchenware, cookware, glassware and utensils |
| Class 22 | Ropes and Textile Materials | Ropes, nets, tents and tarpaulins |
| Class 23 | Yarns and Threads | Yarns and threads for textile use |
| Class 24 | Textiles | Textile fabrics, linen and curtains |
| Class 25 | Clothing and Apparel | Clothing, footwear and headwear |
| Class 26 | Lace and Accessories | Lace, ribbons, buttons and hair accessories |
| Class 27 | Floor and Wall Coverings | Carpets, rugs, mats and wall coverings |
| Class 28 | Games and Sporting Goods | Toys, games and sporting articles |
| Class 29 | Processed Food Products | Meat, fish, dairy products and preserved foods |
| Class 30 | Staple Food Products | Coffee, tea, rice, flour, bread and spices |
| Class 31 | Agricultural Products | Fresh fruits, vegetables, seeds, plants and live animals |
| Class 32 | Non-Alcoholic Beverages | Mineral water, soft drinks, juices and beverage preparations |
| Class 33 | Alcoholic Beverages | Wine and spirits, excluding beer |
| Class 34 | Tobacco and Smokers' Articles | Tobacco, smokers' articles and matches |
The exact classification of a particular product depends on the detailed Nice Classification entries and explanatory notes. Therefore, the class heading alone should not be used as the only basis for filing.
Trademark Class for Pharma in India
Class 5 covers pharmaceutical, veterinary and sanitary preparations, including medicines and various dietary or medical preparations. Pharmaceutical businesses should review the detailed classification of their specific products before filing.
Trademark Class for Jewellery in India
Class 14 covers jewellery, precious metals, gemstones, watches and clocks. Jewellery and watch brands commonly consider Class 14 for their products.
Trademark Class for Clothing and Apparel in India
Class 25 covers clothing, footwear and headwear. Fashion brands, apparel manufacturers, footwear businesses and sportswear companies commonly consider this class.
What Are the Trademark Classes for Services in India?
Classes 35 to 45 cover services. These Classes are relevant to businesses providing professional, financial, technology, education, hospitality, healthcare and other services.
| Class | Category | Examples |
|---|---|---|
| Class 35 | Advertising and Business | Advertising, marketing, retail and business management |
| Class 36 | Financial and Real Estate | Banking, insurance, investment and real estate |
| Class 37 | Construction and Repair | Construction, repair, installation and maintenance |
| Class 38 | Telecommunications | Telecommunication, broadcasting and communication services |
| Class 39 | Transport and Storage | Transport, logistics, storage and travel arrangements |
| Class 40 | Material Treatment | Processing and treatment of materials |
| Class 41 | Education and Entertainment | Education, training, entertainment and sporting activities |
| Class 42 | Technology and Scientific Services | Software development, IT consulting and technology services |
| Class 43 | Food and Accommodation | Restaurants, catering, hotels and temporary accommodation |
| Class 44 | Medical and Agricultural Services | Medical, veterinary, beauty and agricultural services |
| Class 45 | Legal and Personal Services | Legal, security and personal services |
Trademark Class 35 for Retail and Business Services
Class 35 covers advertising, business management, business administration and various retail-related services. Businesses should review the precise service description to determine whether Class 35 applies to their activities.
Trademark Class 42 for IT Services
Class 42 covers scientific and technological services, including many software development, IT and technology-related services. A business selling software products may also need to consider the relevant goods classification depending on the nature of the software.
Trademark Class 43 for Restaurant and Food Services
Class 43 covers services for providing food and drink and temporary accommodation. Restaurants, cafes, catering businesses and hotels commonly consider this class. Physical food products may fall under different goods classes such as Classes 29, 30 or 32.
Which Trademark Class Is Suitable for My Business?
The correct trademark class depends on the actual goods or services associated with the trademark.
| Business Activity | Common Class to Consider |
|---|---|
| Pharmaceutical products | Class 5 |
| Cosmetics and beauty products | Class 3 |
| Jewellery and watches | Class 14 |
| Clothing and footwear | Class 25 |
| Packaged food products | Classes 29 and 30 |
| Non-alcoholic beverages | Class 32 |
| Advertising and business services | Class 35 |
| Financial services | Class 36 |
| Education and training | Class 41 |
| Software and technology services | Class 42 |
| Restaurants and hospitality | Class 43 |
| Medical and beauty services | Class 44 |
| Legal and security services | Class 45 |
These are broad examples. The exact class depends on the specific goods or services offered by the business.
How to Select the Right Trademark Class in India?
Selecting the correct trademark class requires identifying the actual goods or services associated with the brand.
- Identify your goods or services: List what you manufacture, sell or provide under the trademark.
- Determine the relevant category: Goods generally fall under Classes 1 to 34, while services fall under Classes 35 to 45.
- Review the detailed classification: Check the current class description and relevant entries.
- Identify multiple Classes: Determine whether your business activities span more than one class.
- Conduct a trademark search: Check existing and pending marks in the relevant Classes.
- File under the appropriate class: Include the correct goods or services in the application.
You can learn more about the complete trademark registration process in India to understand how class selection fits into the filing process.
Can a Trademark Be Filed Under Multiple Classes in India?
Yes. A trademark can be filed for goods or services in multiple Classes when the same brand is used across different products or services.
For example, a technology business may sell electronic products under Class 9 and provide technology services under Class 42. Similarly, a food business selling packaged products and operating restaurants may need relevant goods Classes along with Class 43.
The government trademark application fee is charged for each class and each mark, even when multiple Classes are included in one application.
What Are the Fees for Trademark Registration Classes in India?
The government trademark application fee depends on the applicant category and filing method. The current official fee schedule provides the following fees for trademark applications:
| Applicant Type | E-Filing Per Class | Physical Filing Per Class |
|---|---|---|
| Individual / Startup / Small Enterprise | ₹4,500 | ₹5,000 |
| Other Applicants | ₹9,000 | ₹10,000 |
The government fee is charged per class and per mark. Professional fees charged by trademark attorneys or filing service providers are separate.
What Happens If You Select the Wrong Trademark Class?
Selecting an incorrect class can result in the trademark registration not adequately covering the goods or services important to the business.
Possible consequences include:
- Limited protection for the actual business activity
- Additional filing requirements
- Additional government and professional costs
- Delays in obtaining protection
- Difficulty enforcing rights for goods or services outside the registered scope
Therefore, the class and detailed goods or services specification should be reviewed carefully before filing.
How Does IndiaFilings Help With Trademark Class Selection?
IndiaFilings provides professional assistance with identifying relevant trademark classes based on the nature of your goods or services. Our team can help review your business activities, identify applicable Classes and assist with preparing and filing the trademark application.
With online filing support and professional guidance, IndiaFilings helps businesses manage class selection and the broader trademark registration process.
What Should You Know Before Filing Under a Trademark Class?
- Trademark protection is class-specific: Registration in one class does not automatically cover every other class.
- One business may need multiple Classes: Different products and services may fall into different Classes.
- Search before filing: Check similar marks in the relevant Classes.
- Review detailed descriptions: Do not rely only on the class number or broad industry category.
- Government fees are per class: Additional Classes increase the applicable filing fee.
- Keep the registration active: A trademark registration is generally valid for 10 years and can be renewed for successive periods.
- Use the correct symbol: The ™ symbol may be used for a trademark claim/application, while the ® symbol is used after registration.
How Can You Choose the Right Trademark Registration Class in India?
Choosing the right trademark registration class starts by identifying exactly what your brand offers. Determine whether your business provides goods, services, or both, and then match those activities with the relevant Nice Classification.
If your business operates across multiple categories, consider every relevant class rather than selecting only the class representing your primary activity. Before filing, review the detailed classification, search for existing similar trademarks and ensure that the goods or services description accurately represents your business.
Why Choose IndiaFilings for Trademark Registration Class Selection?
IndiaFilings provides professional assistance with trademark class identification and registration. Our experienced team helps businesses understand the relevant Classes based on their goods or services and supports them throughout the filing process.
Our streamlined online process makes it easier to identify relevant Classes, prepare the application and manage trademark filing requirements with professional support.
IndiaFilings also provides ongoing trademark support after registration, including monitoring and renewal assistance, helping businesses maintain protection for their registered brand.
