What Is a Trademark Class and which trademark class to choose for start-ups?

Trademarks are a business’s core and flawlessly help establish it in a competitive market. However, trademarks provide identity to a company as well, but only when you register them in relevant trademark classes. So, what are the different trademark classes in India? This comprehensive blog unveils the trademark classification guide India and enables you to make informed decisions related to trademarks. Let’s explore the topic.

A trademark class is a way of sorting or arranging various goods and services. These classes come under the NICE classification India, which includes a total of 45 trademark classes. Every trademark class refers to a distinct nature of goods and services. The applicant should be careful while applying for a trademark and needs to select the correct trademark class relevant to their product or service. Selecting the correct trademark class is important to avail the protection and rights over a trademark class.

 

Before moving to trademark classes in India, you should know about the NICE classification system. 

 

To protect and register trademarks globally, the International Classification of Goods and Services was established under the Nice Agreement in 1975. This classification was also known as the Nice Classification, which classifies different goods and services to register trademarks.  

This classification system is updated every five years, and its latest version (i.e. 11th version) groups all products into 45 classes. Here, classes 1-34 are classified for goods and classes 35-45 are for services. It enables users seeking to register their goods or services in the most appropriate classes. As the system is valid in most countries, this classification applies to trademarks internationally and makes it a more effortless process. The classification system is described by the WIPO (World Intellectual Property Organization).

Choosing the right class to register your trademark is an important step in properly protecting your brand. Trademarks are classified using the internationally accepted Nice Classification India, which groups goods and services into 45 separate classes. Selecting the most relevant class (or classes) for your trademark provides a level of protection, and also affects the fee, enforceability, and value of your trademark over the long term.

First, overall protection is gained only through a proper trademark classification guide India. By registering under the class that directly covers your products or services, you prohibit others from using similar trademarks to sell identical products in your product category. For instance, if you sell bakery products, registering in Class 30 (flour, bread, and sweets) prohibits others from trademarking their products with your brand name to sell them in your product category. Conversely, misfiling in Class 35 (retail services) might leave your core bakery goods unprotected, enabling third parties to adopt the trademark in goods you actually sell.

Second, choosing the proper class benefits cost control. Usually, Trademark offices charge per class, and therefore over over-reporting classes can get excessively costly. On the other hand, under-reporting classes might cause subsequent amendments or follow-on applications, both of which charge additional fees. Diligent initial classification maintains a balance between complete protection and cost effectiveness.

Third, proper class selection simplifies examination and minimizes objections. Examiners verify if the applied classes match the description of goods or services. If not, you may get an objection or advice to modify your application, slowing down registration and causing more legal hassle. Clear alignment upfront speeds up the approval process.

Lastly, effective classification aids in enforceability and future expansion. A properly defined class structure for your trademark facilitates more efficient tracking of potential infringements and enforcement actions. Additionally, if you venture into other things in the future—e.g., expanding from a technology app (Class 9) into educational workshops (Class 41)—you can submit further classes with full knowledge of the current breadth of protection and without overlaps and gaps.

While registering your trademark in India, most applicants are confused about which trademark class to choose. Thus, it is important to understand the classification of goods and services. India adopted the Nice Classification India in 2019 and declared it an official classification system to be used by the Indian Trademark Office. This classification defines 45 different classes, where each class refers to a specific range of goods or services.

In a total of 45 trademark classes, classes 1-34 are defined for goods or products, and classes 35-45 are reserved for services. Here are the details of the complete trademark classes. 

 

Classes 1-34: Goods

• Class 1: Chemicals used in Industry, Science, and Photography, including in Agriculture and Horticulture.
• Class 2: Paints, Varnishes, Lacquers, Preservatives against rust, and Deterioration of wood.
• Class 3: Cosmetics and Cleaning Preparations, Essential Oils, Perfumery.
• Class 4: Industrial oils and Greases, Lubricants, Dust Absorbing, Wetting, and Binding Compositions.
• Class 5: Pharmaceutical and Veterinary Preparations; sanitary preparations for medical purposes.
• Class 6: Common metals and their alloys, metal building materials, Transportable Buildings of metal.
• Class 7: Machines and Machine Tools,  Motors and Engines 
• Class 8: Hand tools and implements (hand-operated) Cutlery, Side Arms, Razors.
• Class 9: Scientific, Nautical, Surveying, Photographic, Cinematographic, Optical, Weighing, Measuring, Signaling, Checking (Supervision), Life-Saving, Teaching Apparatus and instruments; apparatus for recording, transmitting, or Reproducing Sound or Images; Magnetic Data Carriers, Recording Discs.
• Class 10: Surgical, Medical, Dental, and Veterinary Apparatus and Instruments, Artificial Limbs, Eyes, and Teeth, Orthopaedic Articles, and Suture Materials.
• Class 11: Apparatus for Lighting, Heating, Cooking, Refrigerating, Drying, Ventilating, Water Supply, And Sewage Disposal.
• Class 12: Vehicles, apparatus for locomotion by Land, Air, Or Water.
• Class 13: Firearms, Ammunition and Projectiles, Fireworks.
• Class 14: Precious metals and their alloys, Jewellery, Precious Stones, and Horological and chronometric instruments.
• Class 15: Musical instruments, Apparatus for playing music.
• Class 16: Paper, Cardboard, and goods made from these materials, Printed Matter; Bookbinding Material, Photographs, Stationery Adhesives for stationery or household purposes; Artists’ Materials; Paint Brushes; Typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); Plastic Materials for packaging (not included in other classes).
• Class 17: Rubber, Gutta-Percha, Gum, Asbestos, Mica, and goods made from these materials, Plastics in extruded form for manufacture, Packing, Stopping, and Insulating Materials, Flexible Pipes (not of metal).
• Class 18: Leather and imitations of leather, Animal Skins, Trunks and Traveling Bags, Umbrellas, Parasols, Walking Sticks, Whips, Harnesses, and saddlery.
• Class 19: Building materials (non-metallic), non-metallic rigid pipes for building, Asphalt, Pitch, and Bitumen, Non-Metallic Transportable buildings, monuments (not of metal).
• Class 20: Furniture, Mirrors, Picture Frames, Goods (not included in other classes) of wood, Cork, Reed, Cane, Wicker, Horn, Bone, Ivory, Whalebone, Shell, Amber, Jet, and substitutes for all these materials, or of plastics.
• Class 21: Household or Kitchen Utensils and Containers, Combs and Sponges, Brushes (except paint brushes), brush-making materials, articles for cleaning purposes, steel wool, unworked or semi-worked glass (except glass used in building), Glassware, Porcelain, and Earthenware not included in other classes.
• Class 22: Ropes, String, Nets, Tents, Tarps, Awnings, Tarpaulin, Sails, Sacks, and Bags (not included in other classes), Padding and Stuffing materials (not of rubber or plastics), raw fibrous textile materials.
• Class 23: Yarns and threads for textile use.
• Class 24: Textiles and Textile Goods, not included in other classes, bed and table covers.
• Class 25: Clothing, Footwear, Headgear.
• Class 26: Lace and Embroidery, Ribbons and braid, Buttons, Hooks and Eyes, Pins and Needles, Artificial Flowers.
• Class 27: Carpets, Rugs, Mats and Matting, Linoleum, and other materials covering existing floors, and wall hangings (non-textile).
• Class 28: Games and Playthings, Gymnastics and sporting articles not included in other classes, decorations for Christmas trees.
• Class 29: Meat, Fish, Poultry, and Game; Meat Extracts; Preserved, Dried, and Cooked Fruits and Vegetables; Jellies, Jams, Compotes; Eggs, Milk, and Milk Products; Edible Oils and Fats.
• Class 30: Coffee, Tea, Cocoa, Artificial Coffee, Rice, Tapioca, Sago, Substitutes for rice and Flour, Bread, Pastry, and Confectionery, Edible Ice, Honey, Treacle, Yeast, Baking Powder, Salt, Mustard, Vinegar, Sauces (Condiments), Spices, Ice.
• Class 31: Agricultural, Horticultural, and Forestry Products and grains not included in other classes, Live Animals, Fresh Fruits, and Vegetables; Seeds, Natural Plants and Flower, foodstuffs for animals, Malt.
• Class 32: Beers; Mineral and Aerated Waters and other Non-Alcoholic Drinks, Fruit Drinks and Juices, Syrups, and other beverage preparations.
• Class 33: Alcoholic beverages (except beers).
• Class 34: Tobacco, Smokers’ Articles, Matches.

Classes 35-45: For Services

• Class 35: Advertising, Business Management, Business Administration, Office Functions.
• Class 36: Insurance, Financial Affairs, Monetary Affairs, Real Estate Affairs.
• Class 37: Building Construction, Repair, and Installation Services.
• Class 38: Telecommunications
• Class 39: Transport, Packaging, and Storage of Goods Travel Arrangement.
• Class 40: Treatment of materials.
• Class 41: Education, Providing Training, Entertainment, Sporting and Cultural Activities.
• Class 42: Scientific and Technological Services, Research and Design, Industrial Analysis and Research 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 and animals, Agriculture, Horticulture, and Forestry Services, Landscaping and Gardening Services, Veterinary Preparations, and Nutritional Supplements for animals.
• 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.

Goods and services are the most commonly used terms in business as well as in economics. But what is the meaning of these terms, and how do they differ from each other? Here are the details – 

Goods – These are physical, tangible items made to satisfy human wants or needs. They may be touched, felt, and warehoused, and encompass everything from necessities such as food and apparel to luxuries such as gems and automobiles. Products are first produced and subsequently consumed, perhaps through a manufacturing process. Examples – furniture, mobile phones, books, etc. 

Services – These are intangible objects or benefits that assist individuals in fulfilling their demands or overcoming challenges. Unlike goods, they can’t be felt or stored; rather, they are lived in the now. Think of a hairstylist creating the perfect style, a lecturer taking you through a class, or a chef cooking an excellent meal. Services depend on ability, skill, and, in most instances, face-to-face interaction, so everyone is different. Examples – education services, healthcare services, hospitality services, etc.

Thus, the franchisor and the franchisee can assist in the expansion and future prosperity of the business as well as the franchise, eventually benefiting from the power of an extremely visible and respected brand.

There are several trademark classes that are popular for startups and MSMEs. If you are one of them and have doubts about which trademark class to register, you should be aware of the following trademark classes in India. 

Class 9 – Software, tech products.

Class 25 – Clothing and fashion.

Class 35 – Advertising, business management.

Class 41 – Education and entertainment.

Class 42 – IT and software development.

Trademarks are attractive symbols or logos of companies in a franchise agreement that bring brand image, marketing growth, and customer confidence. Franchisors and franchisees should understand the power of trademarks and confirm that their access is clearly protected, defined, and implemented in the franchise agreement protocol.

Thus, the franchisor and the franchisee can assist in the expansion and future prosperity of the business as well as the franchise, eventually benefiting from the power of an extremely visible and respected brand.

• List What You Do or what you offer

• Search by Appropriate Keywords

• Read Class Headings or Descriptions

• Monitor Your Competitors
• Group together all your offerings to select all the relevant classes
• Make an Expansion Plan Ahead

Selecting the wrong or irrelevant trademark class can result into –

1. Limited Protection
   On choosing the wrong trademark, it will not provide the protection or limited protection to your goods or services, encourages competitors to exploit it.
2. Enforcement Difficulties
   If an infringer utilizes your trademark in the “right” trademark class, you may have no legal rights to oppose or officially report it.
3. Wasted Fees
   Filing a trademark in irrelevant or wrong classes only enhances your renewal and application fees without providing any value.
4. Raise Objections
   The Trademark Registry have rights to raise objections if your product or service description doesn’t clearly match its selected class, leads to delay or removing your application.
5. Need to file again
   Rectifying or amending a trademark class mistake often indicates filing a new application, including new government fees, with attorney charges, and losing your original date of trademark filing.
6. Brand Dilution Risks
   A small delay in trademark coverage allows others to register similar trademarks in related fields and weakening the brand image and trust of your brand.

Multi-class trademark filings facilitate applicants to apply for a trademark registration in various international classes in just one filing.

When to employ them: Multi-class applications are beneficial when a brand owner deals in products or services covering multiple categories. For example, a clothing brand that deals in accessories as well as cosmetics.

A multi-class trademark application streamlines the registration process and saves money and time, which may be consumed in filing separately. 

Benefits 

• A trademark filing and its application involve various steps such as – comprehensive filing fee, its administration, and the execution process. Filing under a multi-class application, it is treated as a single application.
• Filing in multiple classes is a time-consuming process, but filing in multi-class application makes the process effortless and thus saves time and money (in terms of various fees).

Procedure

Here are the detailed steps for registering in the multi-class application. 

• Trademark search – Conduct a trademark search to ensure your trademark is unique and doesn’t conflict with other trademarks under the same class. 
• Filing application – Mention all the details in the Form TM-A for filing multiple trademark registrations. 
• Monitoring application – After applying, monitor the application to avoid any conflict. The application is published in the trademark journal once approved by the examiner. 
• Opposition to the application – If any opposition arises, the registrar will decide on the trademark. If there is no opposition, the registrar will proceed with the registration process. 
• Receiving a certificate – The Registrar issues the trademark registration certificate after clearing all opposition, for all the mentioned trademark classes. 

Food Industry

• Amul – Class 29 & 30 (for dairy and food products)
• Domino’s – Class 43 (restaurant services)
• Haldiram’s – Class 29, 30 & 43 (snacks, sweets, restaurants)

Fashion Industry

• Biba – Class 25 (ethnic wear)
• FabIndia – Class 25 (clothing), Class 35 (retail)
• Nike – Class 25 (apparel, shoes)

Tech Industry

• Infosys – Class 42 (software services)
• Microsoft – Class 9 (software), Class 42 (cloud, AI services)
• TCS – Class 42 (IT services)

Education Industry

• Byju’s – Class 41 (online learning)

Unacademy – Class 41 (educational platform)