When you file a trademark application in India, you don't simply register a name or logo in isolation. You register it for specific goods or services that your business offers. This categorization happens through a standardized system called the trademark class system. Selecting the correct class is one of the most critical decisions in the entire registration process.
The Nice Classification, an internationally recognized system, divides all goods and services into 45 distinct classes. Classes 1 through 34 cover goods, while Classes 35 through 45 cover services. India adopted this system under the Trade Marks Act, 1999, aligning its trademark framework with global standards. Choosing the wrong class can result in gaps in protection, objections from the Registrar, or infringement risks that could have been avoided. This guide explains how the Nice classification trademark system works, what each class covers, and how to identify the right classes for your business before filing your trademark registration application.
What is a Trademark Class
A trademark class is a category that groups similar types of goods or services together for the purpose of trademark registration. The system ensures that trademarks are organized logically, making it easier for the Registry to examine applications, search for conflicting marks, and maintain accurate records.
The Nice Classification was established by the Nice Agreement of 1957, an international treaty administered by the World Intellectual Property Organization (WIPO). Over 150 countries, including India, use this system. It is revised periodically to accommodate new products, technologies, and evolving business models. The current edition includes 34 classes for goods and 11 classes for services, totalling 45 classes.
When you file a trademark application, you must specify one or more classes. The protection you receive extends only to the goods or services within the classes you have selected. For instance, registering a brand name under Class 25 (clothing) does not automatically protect it in Class 30 (food products). A competitor could potentially register the same name in a different class for unrelated goods.
Why Choosing the Right Trademark Class Matters
Selecting the appropriate class is not a formality. It directly impacts the scope, enforceability, and commercial value of your trademark. Here is why it matters.
Protection is class-specific. Your trademark rights extend only to the classes in which the mark is registered. If you sell both garments and cosmetics but register only in Class 25 (clothing), your brand has no legal protection in the cosmetics segment. A third party could register an identical name for cosmetics under Class 3 without infringing your mark.
Filing fees are charged per class. Each additional class requires a separate fee. Businesses must balance comprehensive coverage with cost efficiency, selecting classes that cover their current operations and anticipated expansion.
Incorrect classification triggers objections. If the Examiner finds that your specified goods or services don't align with the chosen class, the application may face objections. Resolving these delays the registration process and may require a trademark hearing to clarify the classification.
Complete List of Trademark Classes: Goods (Classes 1 to 34)
| Class | Description |
| 1 | Chemicals for industrial, scientific, and agricultural use |
| 2 | Paints, varnishes, lacquers, preservatives against rust |
| 3 | Cosmetics, cleaning preparations, perfumery, soaps |
| 4 | Industrial oils, fuels, lubricants, candles |
| 5 | Pharmaceuticals, medical preparations, dietary supplements |
| 6 | Common metals and their alloys, building materials of metal |
| 7 | Machines, machine tools, motors and engines |
| 8 | Hand tools and implements, cutlery, razors |
| 9 | Scientific, electronic, and IT equipment, software |
| 10 | Surgical and medical instruments, prosthetics |
| 11 | Lighting, heating, cooking, refrigeration apparatus |
| 12 | Vehicles, apparatus for locomotion by land, air, or water |
| 13 | Firearms, ammunition, explosives, fireworks |
| 14 | Precious metals, jewellery, watches, clocks |
| 15 | Musical instruments and their accessories |
| 16 | Paper, stationery, printed matter, office supplies |
| 17 | Rubber, plastics, insulation materials, flexible pipes |
| 18 | Leather goods, luggage, bags, umbrellas |
| 19 | Non-metallic building materials, pipes, asphalt |
| 20 | Furniture, mirrors, picture frames, wooden products |
| 21 | Household utensils, glassware, porcelain, ceramics |
| 22 | Ropes, tents, tarpaulins, raw fibrous textile materials |
| 23 | Yarns and threads for textile use |
| 24 | Textiles, bed covers, table covers, fabrics |
| 25 | Clothing, footwear, headgear |
| 26 | Lace, embroidery, buttons, zippers, artificial flowers |
| 27 | Carpets, rugs, mats, linoleum, floor coverings |
| 28 | Games, toys, sporting goods, Christmas decorations |
| 29 | Meat, fish, dairy products, preserved foods, oils |
| 30 | Coffee, tea, spices, bakery goods, confectionery, rice |
| 31 | Fresh fruits, vegetables, seeds, plants, animal feed |
| 32 | Beers, non-alcoholic beverages, mineral water, juices |
| 33 | Alcoholic beverages (except beers) |
| 34 | Tobacco, smokers' articles, matches |
Complete List of Trademark Classes: Services (Classes 35 to 45)
| Class | Description |
| 35 | Advertising, business management, office functions, retail services |
| 36 | Insurance, financial affairs, banking, real estate |
| 37 | Building construction, repair, installation services |
| 38 | Telecommunications, broadcasting, internet services |
| 39 | Transport, packaging, storage, travel arrangement |
| 40 | Treatment of materials, manufacturing, printing, food processing |
| 41 | Education, training, entertainment, sporting activities |
| 42 | Scientific and technological services, IT services, software development |
| 43 | Food and drink services, restaurants, hotels, catering |
| 44 | Medical, veterinary, beauty, and agricultural services |
| 45 | Legal services, security services, personal and social services |
How to Choose the Right Trademark Class for Your Business
Selecting the correct trademark class requires a clear understanding of your business activities and the goods or services you offer. Here is a practical approach to get it right.
Step 1: List All Your Goods and Services
Start by creating a comprehensive list of everything your business offers or plans to offer. Include products you manufacture, distribute, or sell, as well as services you provide. Don't limit yourself to current offerings. Consider products or services you plan to launch in the near future.
Step 2: Match Each Item to the Appropriate Class
Cross-reference your list against the 45 Nice classification trademark classes. Each product or service should fall into at least one class. Some businesses span multiple classes. For example, a technology company might need Class 9 for hardware, Class 42 for software development services, and Class 35 for online retail services.
Step 3: Conduct a Trademark Search
Before finalizing your classes, conduct a trademark search within each selected class to identify potential conflicts. A mark that is available in one class might already be registered by another entity in the same class for similar goods. Identifying conflicts early saves time, money, and the frustration of receiving objections after filing.
Step 4: Prioritize and Budget
Since government fees apply per class, prioritize the classes most critical to your business. Register your core classes first and plan to add additional classes as the business grows. The fee for individuals and startups is INR 4,500 per class (online filing), while other entities pay INR 9,000 per class.
Common Mistakes While Selecting Trademark Classes
Many applicants, especially first-time filers, make avoidable errors during class selection. Being aware of these pitfalls can save significant trouble during the examination process.
Choosing too few classes is the most frequent mistake. A restaurant that registers only under Class 43 (food services) but also sells packaged sauces misses protection under Class 30 (food products). This gap allows others to register the same brand name for packaged food products without any legal obstacle.
Choosing incorrect classes is equally problematic. Software companies sometimes file under Class 9 (goods) when their primary offering is software-as-a-service, which falls under Class 42 (services). This misclassification may result in the Registrar raising objections or, worse, granting protection that doesn't actually cover the applicant's core business activity.
Relying on generic descriptions instead of specific ones weakens the application. The Trade Marks Registry in India expects clear and precise descriptions of goods or services within each class. Vague or overly broad descriptions invite scrutiny and potential objections during examination.
Multi-Class Filing in India
India allows applicants to file a single trademark application covering multiple classes. This provision, introduced under the Trade Marks Rules, 2017, simplifies the filing process for businesses that operate across diverse categories. Instead of submitting separate applications for each class, you can include all relevant classes in one Form TM-A.
However, the government fee remains payable per class even in a multi-class application. Each class within the application undergoes independent examination, and objections may be raised for specific classes without affecting others. Multi-class filing reduces administrative effort but doesn't reduce costs. It is particularly useful for established businesses with offerings spanning several categories.
Why Professional Guidance Helps with Class Selection
Trademark class selection requires more than matching products to a list. It involves understanding legal nuances, anticipating business growth, assessing competitive risks, and ensuring descriptions align with Registry standards. An incorrect selection can leave valuable brand assets unprotected.
The team at Patron Accounting combines the expertise of qualified Chartered Accountants, Company Secretaries, and IP professionals to guide businesses through class selection and the complete registration process. From conducting a trademark search to filing the application, managing trademark opposition proceedings, and handling trademark renewal, professional support ensures your brand receives comprehensive and accurate protection across all relevant classes.
Conclusion
Trademark class selection forms the foundation of effective brand protection. The Nice classification trademark system organizes goods and services into 45 clear categories, ensuring trademarks receive precise and enforceable protection. Choosing the right classes requires a thorough understanding of your business activities, careful research into existing registrations, and strategic planning for future growth. Errors at this stage can result in inadequate protection, wasted fees, and lost time.
For expert assistance with trademark class selection and the complete registration process, connect with Patron Accounting. Their team ensures your trademark is filed in the right classes from the start. Protect your brand with precision.
