A registered trademark is valid only for the goods or services it was applied for. Which means the few lines describing those goods are doing more work than almost anything else in the application — and they are usually written last, quickly.
Which class?
The first step is identifying the class.
India follows the Nice Classification — named for Nice, France, where the agreement was signed, not because the collective minds at WIPO ran out of adjectives. There are 45 classes: 1 to 34 for goods and 35 to 45 for services.
Since updated: when this was written, India was not a contracting party to the Nice Agreement and had aligned itself with the classification through amendment of its own law, then following the ninth edition. India acceded to the Nice Agreement in June 2019, and the Registry now works to the current edition as published by WIPO. Always classify against the current edition, not a list you saved previously — the classification is revised annually.
Broad or specific?
If you are already using the mark, describe the goods you actually use it on and claim use from the date of first use.
So if you have used a mark on nail clippers and have evidence of use only for nail clippers, file for nail clippers in Class 8.
If you have not started using the mark but plan to across a range of hand-operated tools, file on a proposed to be used basis with a wider range within the same class.
In general, it is better to apply for specific goods than a broad range. A broad specification looks like more protection and is often less: it invites objections and oppositions, and leaves the registration exposed to non-use cancellation for the goods you never sold.
Note too that a claimed date of use now carries an evidentiary obligation — Rule 25 of the Trade Marks Rules, 2017 requires an affidavit with supporting documents where use is claimed from a date before the application. Claiming an early date you cannot evidence creates a problem rather than an advantage.
Think like you tweet
Indian practice historically allowed 500 characters for the specification in a single class, with a per-character charge beyond that — so specifications were drafted like tweets, every character counting. Helpfully, spaces were not counted.
The fee structure was restructured by the 2017 Rules, so check the current fee schedule before assuming an excess-character charge applies. The underlying discipline survives regardless: a tight, well-chosen specification is better than an exhaustive one.
Spell it out
It pays to be very clear, and linking your wording to the class headers published by the Registry helps considerably.
If your mark is used on musical instruments in Class 15, it is advisable to apply with wording such as “musical instruments namely, guitars, violins and harps”. This matters most for uncommon goods — meaning things Registry officials may not recognise. File for “trombones and clarinets” alone and you may well receive the standard objection: please specify or delete the goods as per Nice Classification.
That may read as harsh toward the Registry. It comes from a day spent reporting needless examination reports to clients whose specifications were perfectly clear, but whose goods the examiner did not recognise as belonging to the class. The same day produced a mark advertised in the journal — approved by the same officials — filed by a major Indian car manufacturer in Class 12 for “(company’s name) range of vehicles and other business matters of the company”. Clearly “business matters” sits in Class 12 for vehicles more comfortably than clarinets do in Class 15 for musical instruments.
The only consolation is that knowing the Registry’s shortcomings helps you plan future applications better. Anticipate the objection and draft around it: class-header language first, then “namely” and your specific goods.
The point
When you file, be clear, concise and specific in your specification of goods. It costs an hour at drafting and saves months at examination.
The takeaways
- India acceded to the Nice Agreement in 2019 — classify to the current edition.
- Specific beats broad — broad specifications invite objections and non-use exposure.
- Claimed use dates need affidavit evidence under Rule 25 of the 2017 Rules.
- Anchor wording to class headers, then narrow with “namely”.
Frequently asked questions
How many trademark classes are there? Forty-five under the Nice Classification — classes 1 to 34 for goods and 35 to 45 for services.
Should I file for broad or specific goods? Specific, generally. A broad specification attracts objections and oppositions and leaves the registration vulnerable to non-use cancellation for goods you never sold.
What if I haven’t started using the mark yet? File on a proposed to be used basis, which allows a wider range of goods within the class without claiming a date of first use.
Why do I keep getting classification objections? Often because the goods described are unfamiliar to the examiner — anchoring your wording to the published class headers and then narrowing with “namely” reduces this considerably.