When you register a trademark in India, you do not protect the name everywhere at once. You protect it for specific goods or services, and those are sorted into 45 numbered groups called classes.
Choosing the right class matters more than most applicants expect. Pick the wrong one and you may end up with a registration that does not cover what you actually sell.
The short answer
India follows the Nice Classification, an international system with 45 classes. India acceded to the Nice Agreement on 7 September 2019, and the current edition is what the Indian trademark office applies when examining an application.
- Classes 1 to 34 cover goods, things you can physically hand to someone.
- Classes 35 to 45 cover services, things you do for someone.
You pay official fees per class. Two classes means twice the official fee.
How to work out your class
Start with what you actually sell, not what your business is called.
A company selling herbal shampoo is in Class 3, because that is where cosmetics and toiletries sit. If the same company also runs an online store selling other brands, that retail activity is Class 35. Two different activities, two different classes.
Three questions resolve most cases:
- Is it a thing or an activity? Things fall in 1 to 34, activities in 35 to 45.
- What is it made of, or what is it for? Classification often follows material or function rather than industry.
- Am I selling it, or making it? Manufacturing a product and retailing it are different classes.
Tools for checking your class
Two official tools let you search accepted terms rather than guess:
- The Nice Classification tool by the World Intellectual Property Organization.
- The TMClass tool by the European Union Intellectual Property Office.
We recommend using the TMClass tool. It specifically includes the Indian trademark office in its classification data, and it highlights goods or services that may not be acceptable to the Indian trademark office. That second feature saves a great deal of trouble, because a specification that sails through elsewhere can still draw an objection in India.
You can also check how terms have been accepted in practice through the IP India public search.
Class headings and why you should not copy them
Each class has a broad description called a class heading, which explains the type of goods or services the class covers.
Class headings are useful for orientation. They are a poor specification. Copying an entire heading into your application invites objections, and it leaves the registration vulnerable to a non-use challenge later, because you will not be using the mark across everything the heading covers.
Specify what you actually sell, in terms the Registry accepts.
Where applicants go wrong
Filing in the class that matches the industry rather than the goods. A software company is not automatically Class 9. Downloadable software is Class 9, but software as a service is Class 42.
Using the class heading as the specification. As above. It looks like broader protection and behaves like weaker protection.
Filing in one class to save money. If your real business spans three classes, a single-class registration leaves two gaps a competitor can walk into.
Assuming a class covers everything similar. Class 25 covers clothing, footwear and headgear. It does not cover the retail of clothing, which is Class 35.
What a class actually gets you
A registration in Class 25 gives you rights over the mark for clothing. It does not automatically stop someone using the same name for a restaurant.
There are exceptions. Well-known marks get protection across classes, and a passing off action can reach beyond your registration where you can show reputation and confusion. Both are harder routes. Filing in the right classes from the start is cheaper than arguing about it later.
Frequently asked questions
How many classes should I file in? As many as reflect what you sell now and what you can realistically show use of. Filing defensively across classes you will never use creates registrations vulnerable to removal for non-use.
Can I add a class after filing? No. You file a fresh application for the additional class, with its own filing date. That later date is what counts if there is a dispute.
Does one application cover multiple classes? Yes, India allows multi-class applications. You still pay per class, and an objection in one class can slow the whole application.
What if my goods do not seem to fit anywhere? Check TMClass first, since it flags terms the Indian office may not accept. If nothing fits, the specification needs careful drafting.
Are the classes the same worldwide? The 45-class structure is the same in every Nice member country. How examiners interpret specifications within a class varies, which is exactly why TMClass filtering for India is worth using.
Useful official resources
- Nice Classification — WIPO
- TMClass — EUIPO, includes the Indian trademark office
- IP India public search
- Trade Marks Act, 1999
Not sure which classes you need? Talk to us and we will work it out with you before you file.