Classification of goods and services for registration of trademark in India
For filing trademark application with the Indian trademark office, the goods and/or services need to be categorized according to the class or classes they fall under so as to file the application seeking protection of the mark in the correct class. For this purpose, India follows the classification popularly known as the Nice Classification.
Nice Classification of goods & services
The International (Nice) Classification of Goods and Services is a system for the purposes of the registration of marks was established by an Agreement concluded at the Nice Diplomatic Conference, on June 15, 1957, and was revised at Stockholm, in 1967, and at Geneva, in 1977. India acceded to the Nice Agreement on September 7, 2019 and accordingly the current version of the Nice Classification is used by the Indian trademark office for the purpose of classification of goods and services while examining a trademark application in India.
There are 45 classes in the Nice classification out of which, classes 1 to 34 categorizes goods or products and classes 35 to 45 categorizes services. The Nice classification provides a broad heading called “Class Header” which gives a clear explanation as to the type of goods or services that are covered under each class. The list of classes and the respective headings for registration of trademark is given below.
List of goods and services with class headers
Goods:
Class 1: Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations.
Class 4: Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting.
Class 5: Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6: 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 for storage or transport; safes.
Class 7: Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
Class 8: Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
Class 9: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus.
Class 10: Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
Class 11: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes.
Class 12: Vehicles; apparatus for locomotion by land, air or water.
Class 13: Firearms; ammunition and projectiles; explosives; fireworks.
Class 14: Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
Class 15: Musical instruments; music stands and stands for musical instruments; conductors’ batons.
Class 16: Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.
Class 17: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal.
Class 18: 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.
Class 19: Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal.
Class 20: Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
Class 21: Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware.
Class 22: Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
Class 23: Yarns and threads for textile use.
Class 24: Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 25: Clothing, footwear, headwear.
Class 26: Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile.
Class 28: Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and fats for food.
Class 30: Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).
Class 31: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
Class 32: Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages.
Class 33: Alcoholic beverages, except beers; alcoholic preparations for making beverages.
Class 34: Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.
Services:
Class 35: Advertising; business management; business administration; office functions.
Class 36: Insurance; financial affairs; monetary affairs; real estate affairs.
Class 37: Construction services; installation and repair services; mining extraction, oil and gas drilling.
Class 38: Telecommunications services.
Class 39: Transport; packaging and storage of goods; travel arrangement.
Class 40: Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.
Class 41: Education; providing of training; entertainment; sporting and cultural activities.
Class 42: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and development of computer hardware and software.
Class 43: Services for providing food and drink; temporary accommodation.
Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture and forestry services.
Class 45: 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.
The PDF version of the list of classes with explanatory notes (Nice classification Edition 11, 2020) can be downloaded here. The “explanatory note” under each class header, clearly elucidates about the type of goods or services which would be covered under a class. The explanatory note allays doubts as to the applicable class for goods or services and that way very helpful to determine the class. Additionally, the Nice classification provides a detailed list of goods/services covered under each class which makes the classification easier.
Importance of proper classification of goods & services
It is important to ascertain the exact nature of goods or services for which the trademark is to be used. For example, if the trademark is to be used for “manufacture of shirts and pants” then the correct class would be Class 25; at the same time, if the trademark is to be used for “sale of shirts and pants” then the same would fall in Class 35 under Retail Stores, Whole Sale outlets etc. Filing the application in a wrong class would result in the trademark owner losing their rights to enforce their trademark rights in the event of an infringement.
Online tools for classification of goods or services
The following online tools are very useful for the purpose of classification of goods and services for registration of a trademark in India.
Nice Classification tool by the World Intellectual Property Organization
TMClass tool by the European Union Intellectual Property Office
We recommend using the TMClass tool since the tool specifically includes the Indian trademark office while classifying and highlights goods or services that may not be acceptable by the Indian trademark office.