August 07, 2025 by Amit Kumar
Trademark classification is more than just paperwork—it determines the legal scope of your protection. Filing your trademark in the correct class is crucial to:
Avoid rejection or limitation
Prevent future infringement issues
Facilitate brand licensing, franchising, or funding
The Indian Trade Marks Registry follows the Nice Classification system (45 classes). Knowing how to correctly classify your goods/services—and why one product might fall into multiple classes based on use—is key to strong IP protection.
| Provision | Description |
|---|---|
| Section 7 of Trade Marks Act, 1999 | Mandates classification per the prescribed international system. |
| Section 18(2) | Requires clear specification of goods/services. |
| Rule 10 of Trade Marks Rules, 2017 | Application must state correct class. |
| Section 2(1)(m) | Defines "mark" and its broad forms, including packaging, shapes, and labels. |
The Nice Classification, created under the Nice Agreement (1957) and adopted in India, groups goods and services into:
Classes 1–34: Goods
Classes 35–45: Services
Each class has a heading and specific examples of products or services it includes.
This is a critical nuance often overlooked:
A single product may fall under different trademark classes based on its use or context.
| Product | Use Scenario | Applicable Class | Legal Insight |
|---|---|---|---|
| Face Cream | Sold as cosmetic | Class 3 | Cosmetics |
| Face Cream | Sold as medicated skin treatment | Class 5 | Pharmaceutical goods |
| Software Application | Sold as downloadable product | Class 9 | Software (goods) |
| Software Application | Provided as SaaS/cloud service | Class 42 | Technology services |
| T-shirts | Sold under fashion brand | Class 25 | Clothing |
| T-shirts | Given free for brand promotion | Class 35 | Advertising/Marketing services |
| Bottled Water | For retail sale | Class 32 | Beverages |
| Bottled Water | Used in industrial cooling | Class 11 | Apparatus for heating/cooling |
Important: The nature of use must align with the description in the application, and evidence (such as packaging or promotional materials) may be requested during objection or opposition proceedings.
Understand whether your product is:
Cosmetic or medicinal?
Construction or electric?
A downloadable good or a service?
For retail use or B2B industrial?
Example
Trademark Class for Metalic Wire
| Purpose/Use of Metal Wire | Relevant Class | Class Description |
|---|---|---|
| General metal wire (industrial, construction use) | Class 6 | Common metals and their alloys; metal building materials; non-electric cables and wires of common metal. |
| Electric wire (metal-based) | Class 9 | Electrical wires and cables; electric conductors. |
| Jewelry wire (precious metal) | Class 14 | Precious metals and their alloys; goods in precious metals or coated therewith. |
| Artistic/craft metal wire | Class 16 or 28 | Depending on whether it's used for art supplies (Class 16) or hobby/craft toys (Class 28). |
| Wire for fencing, barbed wire | Class 6 | Fencing wire and materials made from common metal. |
Use official sources like:
Use:
Search by class and keyword
Review well-known marks
Check goods/service descriptions
Avoid general terms. Use accurate, recognized trade terminology.
Example:
Not acceptable: "Water"
Acceptable: "Mineral drinking water for human consumption"
Your description determines:
Whether your application gets accepted or objected to
What infringements you can oppose
If your trademark is enforceable in court
The class number and description are to be entered in Form TM-A and must align with NICE standards.
Failure in enforcement proceedings due to limited scope
Loss of rights over goods/services not mentioned in description
| Business Activity | Class Strategy |
|---|---|
| Multi-category product brand | Multi-class filing is essential |
| Tech startup offering hybrid products | Dual filing in Class 9 (software) and 42 (services) |
| Brand licensing/franchising | Must include classes covering all licensed uses |
| Product with industrial & retail use | Separate applications for each market |
Identifying the correct trademark class and clearly describing your goods/services is non-negotiable. It lays the foundation for your:
Legal enforceability
Branding strategy
Licensing/funding negotiations
Future international filings
Even seasoned businesses have lost rights due to classification errors.
Tip: Engage a professional trademark attorney to map your full business offering and craft a filing strategy that includes all present and future use cases.
Trademark classification is the system of grouping goods and services into specific categories (classes) under the Nice Classification system. It is crucial because:
Legal protection is limited to the class applied for.
Filing in the wrong class can lead to rejection, inability to enforce, or loss of rights.
Fees are charged per class — strategic selection saves cost.
India follows the Nice Classification, which consists of:
34 classes for goods (Classes 1–34)
11 classes for services (Classes 35–45)
Yes. Use-case determines class. For example:
A skin cream may fall under Class 3 (cosmetics) or Class 5 (medicated) depending on its formulation and claim.
Software sold as a product goes into Class 9, while software-as-a-service (SaaS) is filed under Class 42.
Your application may be objected to or rejected.
You may not be able to enforce your trademark rights.
You might lose priority and have to refile, causing delay and cost.
No amendment is allowed for changing the class after filing.
This is a precise list of the goods or services your mark covers. The Registry uses this to:
Determine class accuracy
Identify conflicts
Assess descriptiveness or deceptiveness
Ambiguous or overly broad descriptions often lead to objections under Section 9 or formalities check failure.
Only to some extent. It is best to:
Follow the pre-approved wording from the Nice Classification Manual or IP India public tools
Avoid vague terms like “all goods in Class 25” or “software” without clarification
Tailor the wording to your actual business operations
You can file one application (Form TM-A) covering multiple classes, provided you:
Pay separate fees per class
List goods/services class-wise
Ensure accurate descriptions per class
Class 35: Online retailing, marketing, sales services
(e.g., Amazon as an e-commerce platform)
Class 42: Hosting services, SaaS, technology services
(e.g., AWS offering cloud infrastructure)
Misclassification between these can lead to improper protection or rejection.
If you're claiming prior use, a user affidavit must be filed with evidence (invoices, ads, website records). This helps:
Support registration under Section 12 despite similarity
Protect against claims of non-use
Avoid objection under Section 11
Only for the goods/services covered under that class.
For full legal protection across business verticals, file separate applications in all relevant classes.
While there’s no specific penalty, consequences include:
Application refusal
Vulnerability to rectification or cancellation
Loss of valuable time and money
Class: No correction allowed post-filing. You must refile.
Description: Minor clarifications may be permitted during examination response, but major changes are not allowed.
These are classes that often overlap commercially or legally, e.g.:
Class 3 (cosmetics) + Class 5 (medicated skin creams)
Class 25 (clothing) + Class 35 (retail of clothing)
The Registry and courts consider associated classes when evaluating likelihood of confusion.
Yes. Trademark registration is equally important for:
Legal consultancies (Class 45)
Event management (Class 41)
Advertising firms (Class 35)
Service marks have the same level of enforceability as product-based marks.
Yes. For example, TATA, AMUL, or RELIANCE have registration across dozens of classes, ensuring:
Brand expansion protection
Prevention of misuse in unrelated markets
Use:
Consult professional search reports for well-known or conflicting marks
Yes, under Section 11, if:
The two classes are considered commercially related
The existing mark is well-known
Use may cause confusion or dilution
Yes and no. Most countries follow Nice Classification, but:
National registries may interpret classes differently
Descriptions and accepted wording may vary
Always verify local class interpretation when filing internationally