India registers trademarks under the Nice Classification: 34 classes of goods and 11 classes of services. A registration protects the mark only in the classes applied for, and the government fee is charged per class, so choosing the right classes is the first real decision in any application. Each class below links to a page with what it covers, typical Indian businesses, companion classes and pitfalls.
How to choose your classes
- List what you sell and what you do. Products go in a goods class (1 to 34). Services, including selling other people's products, go in a service class (35 to 45).
- Find the class for each item. The tables below give the heading; the class page gives examples. When a product could sit in two classes, the Nice explanatory notes decide.
- Add the classes you will need within a year or two, not every class you might ever use. A registration can be cancelled for non-use after five years, and each class is a fee.
- Check the usual pairs. Clothing brands need 25 and 35; apps need 9 and 42; restaurants that sell packaged food need 43 and 30. Each class page lists its companions.
Goods classes 1 to 34
| Class | Short name | Heading |
|---|---|---|
| 1 | Chemicals | Chemicals for industry, science, agriculture and photography; unprocessed resins and plastics; fertilisers; fire-extinguishing compositions; adhesives for industry |
| 2 | Paints and coatings | Paints, varnishes, lacquers; preservatives against rust and wood deterioration; colourants, dyes; printing inks; raw natural resins; metals in foil and powder form for painting |
| 3 | Cosmetics and cleaning | Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching, cleaning, polishing, scouring and abrasive preparations |
| 4 | Fuels, oils and candles | Industrial oils and greases, wax; lubricants; dust-absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks |
| 5 | Pharmaceuticals and health | Pharmaceutical, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances; food supplements; plasters and dressings; disinfectants; pesticides |
| 6 | Metal goods | Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers; safes |
| 7 | Machines and motors | Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components; agricultural implements other than hand tools; incubators; automatic vending machines |
| 8 | Hand tools | Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors |
| 9 | Electronics and software | Scientific, research, navigation, measuring, photographic, optical, signalling and teaching apparatus; recording, transmission and reproduction of sound or images; computers and software; safety equipment; batteries |
| 10 | Medical devices | Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices for disabled persons; massage apparatus |
| 11 | Lighting, heating and cooling | Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes |
| 12 | Vehicles | Vehicles; apparatus for locomotion by land, air or water |
| 13 | Firearms and fireworks | Firearms; ammunition and projectiles; explosives; fireworks |
| 14 | Jewellery and watches | Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments |
| 15 | Musical instruments | Musical instruments; music stands and stands for musical instruments; conductors' batons |
| 16 | Paper, printing and stationery | Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites; adhesives for stationery; artists' materials; instructional and teaching material; plastic sheets and bags for wrapping |
| 17 | Rubber and insulating materials | Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes; plastics and resins in extruded form; packing, stopping and insulating materials; flexible pipes, tubes and hoses |
| 18 | Leather, bags and luggage | Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals |
| 19 | Building materials | Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch and bitumen; transportable buildings, not of metal; monuments, not of metal |
| 20 | Furniture | Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, shell and substitutes; yellow amber |
| 21 | Household and kitchenware | Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes; cleaning articles; unworked glass; glassware, porcelain and earthenware |
| 22 | Ropes, nets and tents | Ropes and string; nets; tents and tarpaulins; awnings; sails; sacks for transport and storage; padding and stuffing materials, except paper, cardboard, rubber or plastics; raw fibrous textile materials |
| 23 | Yarns and threads | Yarns and threads for textile use |
| 24 | Textiles and fabrics | Textiles and substitutes for textiles; household linen; curtains of textile or plastic |
| 25 | Clothing, footwear and headwear | Clothing, footwear, headwear |
| 26 | Lace, buttons and accessories | Lace, braid and embroidery; haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair |
| 27 | Carpets and floor coverings | Carpets, rugs, mats and matting; linoleum and other materials for covering existing floors; wall hangings, not of textile |
| 28 | Toys, games and sports | Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees |
| 29 | Meat, dairy and processed food | Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams and compotes; eggs; milk, cheese, butter, yoghurt and other dairy products; edible oils and fats |
| 30 | Staples, spices and confectionery | Coffee, tea, cocoa and substitutes; rice, pasta and noodles; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream; sugar, honey; yeast; salt, seasonings, spices; vinegar, sauces and condiments |
| 31 | Fresh produce and agriculture | Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw grains and seeds; fresh fruits, vegetables and herbs; natural plants and flowers; live animals; foodstuffs and beverages for animals; malt |
| 32 | Beverages, non-alcoholic | Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and preparations for making non-alcoholic beverages |
| 33 | Alcoholic beverages | Alcoholic beverages, except beers; alcoholic preparations for making beverages |
| 34 | Tobacco and smokers' articles | Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporisers for smokers; smokers' articles; matches |
Service classes 35 to 45
| Class | Short name | Heading |
|---|---|---|
| 35 | Advertising, business and retail | Advertising; business management, organisation and administration; office functions; retail and wholesale services; online marketplaces |
| 36 | Finance, insurance and real estate | Financial, monetary and banking services; insurance services; real estate services |
| 37 | Construction, installation and repair | Construction services; installation and repair services; mining extraction, oil and gas drilling |
| 38 | Telecommunications | Telecommunications services |
| 39 | Transport, logistics and travel | Transport; packaging and storage of goods; travel arrangement |
| 40 | Treatment of materials and manufacturing | Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation |
| 41 | Education and entertainment | Education; providing of training; entertainment; sporting and cultural activities |
| 42 | Software, IT and design services | Scientific and technological services and research; industrial analysis, research and design; quality control and authentication; design and development of computer hardware and software |
| 43 | Food services and accommodation | Services for providing food and drink; temporary accommodation |
| 44 | Medical, beauty and agricultural services | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services |
| 45 | Legal, security and personal services | Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals |
Four class mistakes we see every week
- Filing the store instead of the product. A boutique that makes its own garments files Class 35 for retail and forgets Class 25 for the clothes.
- Filing the app without the service. Class 9 covers the download; the platform people log in to is Class 42, 35, 36 or 41 depending on what it does.
- One class for a range that spans three. Kitchen appliances (7, 11, 21), beverages (29, 30, 32, 33) and hair care (3, 8, 9, 26) all spread across classes.
- Claiming the whole class. "All goods in Class 30" invites objections and is easy to attack for non-use. Describe what you sell.
Frequently asked questions
How many trademark classes are there in India?
45: classes 1 to 34 for goods and 35 to 45 for services, following the Nice Classification adopted under the Trade Marks Act, 1999.
Can one trademark application cover multiple classes?
Yes. India allows a multi-class application on a single Form TM-A, but the government fee is charged for each class included.
Which trademark class is for a business name or company name?
There is no class for a name as such. The class depends on what the business sells or does: products go in a goods class, and services, including retail, in a service class.
Can I add a class to my trademark after filing?
No. A new class requires a fresh application with its own fee and its own examination, so it is worth deciding the class set before filing.
What happens if I file in the wrong class?
The examiner may object, and even if the mark registers it will not protect the goods or services you actually deal in. The remedy is a fresh application in the correct class.
Information only. This guide explains a legal process in general terms; it is not legal advice and not a solicitation. Wording of statuses is as shown on IP India's public portal at the date above and may change.