How to Choose the Right Trademark Class for Your Goods or Services in India

August 07, 2025 by Amit Kumar

Learn how to choose the right trademark class in India. This guide covers all 45 classes, tips for correct classification, and the risks of filing under the wrong class—helping startups, businesses, and brand owners protect their brand effectively.

Why Trademark Classification Matters

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.

Legal Framework

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.

What Is the Nice Classification?

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.

Same Product, Different Class – Use-Based Classification

This is a critical nuance often overlooked:
A single product may fall under different trademark classes based on its use or context.

Examples:
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.

Step 1: Analyze the Nature and Use of Your Product/Service

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.

Step 2: Refer to the NICE Classification

Use official sources like:

Step 3: Conduct a Trademark Search

Use:

Step 4: Draft Specific Descriptions

Avoid general terms. Use accurate, recognized trade terminology.

Example:

  • Not acceptable: "Water"

  • Acceptable: "Mineral drinking water for human consumption"

Importance of Description in TM Filing

Your description determines:

  • Whether your application gets accepted or objected to

  • What infringements you can oppose

  • If your trademark is enforceable in court

Use in TM-A Form

The class number and description are to be entered in Form TM-A and must align with NICE standards.

Risks of Incorrect Classification

  • Rejection under Section 9(1) for vague or misleading goods/services
  • Failure in enforcement proceedings due to limited scope

  • Loss of rights over goods/services not mentioned in description

Business Implications

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

Conclusion: Right Class = Right Protection

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.

FAQs

Q1. What is trademark classification, and why is it important?

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.

Q2. How many trademark classes exist in India?

India follows the Nice Classification, which consists of:

  • 34 classes for goods (Classes 1–34)

  • 11 classes for services (Classes 35–45)

Q3. Can the same product or service fall into more than one class?

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.

Q4. What happens if I file in the wrong class?
  • 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.

Q5. What is meant by the 'description of goods/services'?

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.

Q6. Can I use my own wording for goods/services description?

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

Q7. What are multi-class applications?

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

Q8. What is the difference between Class 35 and Class 42 for digital platforms?
  • 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.

Q9. What is a user affidavit and when is it needed?

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

Q10. Can I use a trademark in multiple classes after registering in one?

Only for the goods/services covered under that class.
For full legal protection across business verticals, file separate applications in all relevant classes.

Q11. What is the penalty for misrepresenting class or description?

While there’s no specific penalty, consequences include:

  • Application refusal

  • Vulnerability to rectification or cancellation

  • Loss of valuable time and money

Q12. Is it possible to correct class or description after filing?
  • Class: No correction allowed post-filing. You must refile.

  • Description: Minor clarifications may be permitted during examination response, but major changes are not allowed.

Q13. What is the significance of 'associated classes'?

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.

Q14. Do service businesses need trademark protection too?

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.

Q15. Can well-known marks exist in multiple classes?

Yes. For example, TATA, AMUL, or RELIANCE have registration across dozens of classes, ensuring:

  • Brand expansion protection

  • Prevention of misuse in unrelated markets

Q16. How do I check if my mark is already registered in a class?

Use:

Q17. Can my trademark be refused if it is similar to a mark in a different class?

Yes, under Section 11, if:

  • The two classes are considered commercially related

  • The existing mark is well-known

  • Use may cause confusion or dilution

Q18. Is classification the same across countries?

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

 

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