Trademark classes in India are 45 categories under which every brand name, logo, or mark is registered, 34 for goods and 11 for services. When you file a trademark, you must choose the class or classes that match what your business actually sells or provides, because protection is granted only within the classes you apply for. India follows the NICE Classification, an international system maintained under the Nice Agreement and administered by WIPO, and Section 7 of the Trade Marks Act, 1999 requires the Registrar to classify goods and services in accordance with it.
Part of the intellectual property practice at S Jain & Attorneys, Bangalore.
Getting the class right is one of the most consequential early decisions in any trademark filing. File in the wrong class and your registration may give you no real protection against the competitor you were worried about; file in too few classes and you leave gaps; file in too many and you waste fees and invite oppositions. This guide explains what trademark classes are, walks through the NICE system, and gives you a practical method for how to choose the class that fits your business.
This is general legal information for Indian businesses and founders, not legal advice. For a filing strategy tailored to your brand, consult our intellectual property law team.
What are trademark classes in India?
A trademark class is a defined grouping of goods or services. The idea is simple: two businesses in completely unrelated fields can sometimes use similar marks without confusing the public, so the law lets each register within its own class. A registration in one class generally does not stop someone using a similar mark in an entirely different class, though well-known marks (think globally famous brands) receive broader, cross-class protection under Section 2(1)(zg) read with Section 11 of the Trade Marks Act, 1999.
In India, classification is governed by the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. The classification schedule itself is built on the international NICE Classification. The Trade Marks Registry (under the Office of the Controller General of Patents, Designs and Trade Marks, or CGPDTM) applies these classes when examining your application. Section 7(2) adds a point most applicants miss: any question about which class particular goods or services fall into is decided by the Registrar, and that decision is final. You can argue for a class, but you cannot dictate it.
The NICE Classification explained
The NICE Classification (formally the International Classification of Goods and Services) comes from the Nice Agreement of 1957. India is a member, and the Registry uses the current edition. It is updated periodically, so a new edition or version is published and the class headings and explanatory notes you rely on should be the current edition at the time you file. Always verify against the live Registry or WIPO list before finalising.
NICE divides everything into 45 classes:
- Classes 1 to 34 cover goods (physical products).
- Classes 35 to 45 cover services.
Each class has a class heading (a broad description) plus detailed explanatory notes and an alphabetical list of specific items. The heading alone is often too vague. Examiners and courts look at the actual specification of goods and services you file, not just the class number.
Trademark classes for goods (Classes 1 to 34)
| Class | Broadly covers |
|---|---|
| 1 | Industrial and scientific chemicals, unprocessed plastics |
| 3 | Cosmetics, soaps, perfumery, cleaning preparations |
| 5 | Pharmaceuticals, medical and veterinary preparations |
| 9 | Software, mobile apps, electronics, downloadable content |
| 16 | Paper, printed matter, stationery, books |
| 18 | Leather goods, bags, luggage |
| 25 | Clothing, footwear, headgear (apparel) |
| 29 | Meat, dairy, processed and preserved foods |
| 30 | Coffee, tea, flour, bakery, spices |
| 32 | Beers, mineral waters, non-alcoholic beverages |
| 33 | Alcoholic beverages (except beer) |
Trademark classes for services (Classes 35 to 45)
| Class | Broadly covers |
|---|---|
| 35 | Advertising, business management, retail and e-commerce services |
| 36 | Insurance, financial, banking, real-estate services |
| 38 | Telecommunications |
| 39 | Transport, packaging, storage, travel |
| 41 | Education, training, entertainment |
| 42 | Scientific and technological services, software development (SaaS), design |
| 43 | Food and drink services, hotels, restaurants |
| 44 | Medical, hygiene, beauty, agricultural services |
| 45 | Legal services, security, personal and social services |
The tables above are abbreviated. There are 45 classes in total, and the official specification under each runs to hundreds of entries. Use the abbreviated list only to orient yourself, then check the full current schedule.
Common mistake. Treating the class number as the protection. It is not. Two applications can both sit in Class 9 and cover entirely different things, because one says "downloadable mobile application software for food delivery" and the other says "electric cables". The specification of goods and services is what the examiner compares under Section 11 and what a court compares in an infringement suit. Spend your time drafting that sentence, not picking the number.
Before you pick a number, it helps to see how the 45 classes split and who has the final say.
Classes 1 to 34
The goods classes, covering physical products from industrial chemicals in Class 1 to clothing in Class 25 and alcoholic beverages in Class 33.
Classes 35 to 45
The service classes, running from advertising and retail in Class 35 through education in Class 41 to legal and security services in Class 45.
The specification, not the number
Examiners and courts compare the actual specification of goods and services you file, not the class number. The class heading alone is often too vague.
Section 7(2) Registrar decides
Any question about which class particular goods or services fall into is determined by the Registrar, and that decision is final. You can argue, not dictate.
How to choose the right trademark class for your business
Choosing the class comes down to matching your actual commercial activity to the NICE specification, not to what sounds closest by name. Work through these steps:
- List what you actually sell or do. Write down every product and service you offer now, and realistically plan to offer in the next few years.
- Map each to its class. Use the NICE alphabetical list and the Trade Marks Registry's class-finder. A coffee brand that sells coffee (Class 30) and runs cafés (Class 43) genuinely needs both.
- Mind the goods versus services split. Selling a physical product is a different class from providing a service around it. A software company often needs Class 9 (downloadable software) and Class 42 (software as a service), and possibly Class 35 if it runs an online marketplace.
- Draft a precise specification. Within the class, file a clear, accurate description of goods and services. Overly broad specifications attract objections; overly narrow ones leave gaps.
- Decide single-class versus multi-class. Section 18(2) of the Trade Marks Act, 1999 expressly permits a single application covering different classes, but the fee is payable in respect of each class either way.
- Run a trademark search first. Search each intended class for conflicting marks before filing. A mark that is clear in Class 25 may be blocked in Class 35.
- File and then track the journal. Once the application is accepted and advertised, any person may oppose it within four months of the advertisement or re-advertisement under Section 21(1). Watch that window in every class you filed in.
Common real-world examples
| Business | Likely classes |
|---|---|
| Clothing or apparel brand | 25 (clothing); 35 (retail of clothing) |
| Restaurant or cloud kitchen | 43 (food services); 30 or 29 (packaged food, if sold) |
| Mobile app or SaaS startup | 9 (downloadable app); 42 (SaaS); 35 (if marketplace) |
| Cosmetics brand | 3 (cosmetics); 35 (retail) |
| Education or ed-tech | 41 (education); 9 (downloadable courses); 42 (platform) |
| Law or consulting firm | 45 (legal); 35 (business consultancy) |
These are illustrative starting points, not prescriptions. Your exact classes depend on your specific offering.
Single-class versus multi-class trademark applications
| Feature | Single-class application | Multi-class application |
|---|---|---|
| Number of classes | One | Two or more in one form (TM-A), permitted by Section 18(2) |
| Government fee | Per class | Per class; no class is free |
| Examination | One examination report | Often examined per class; an objection in one class can hold up the whole application |
| Management | Separate file numbers | One application number |
| Flexibility | Easier to abandon or assign one class | Harder to split if one class is opposed |
Many practitioners prefer separate single-class applications when classes carry very different risk profiles, so that an objection or opposition in a high-risk class does not delay registration in a clean class. There is no one-size answer. It depends on budget, urgency, and risk appetite.
What it costs and how long it takes
Government fees are set under the Trade Marks Rules, 2017 and are charged per class, per application. Individuals, recognised startups, and small enterprises pay a lower fee than larger companies for e-filing, and e-filing is cheaper than physical filing. Because fees and timelines are revised, treat any figure you read online, including older blog posts, as indicative only and confirm the current fee schedule on the official IP India portal before you file. Budget separately for professional fees, for a search, and for the possibility of an examination reply or an opposition, which is where the real money goes in a contested matter.
A clean, unopposed application can move from filing to registration in roughly a year or more. Objections, oppositions, and hearings extend this considerably. The broad stages are: filing → examination → reply or hearing if objected → publication in the Trade Marks Journal → four month opposition window under Section 21(1) → registration. Once registered, Section 25(1) gives the registration a ten year term, renewable for further ten year periods on application and payment of the prescribed fee.
Deadline warning. Two clocks decide most trademark disasters. The first is Section 21(1): four months from advertisement in the Trade Marks Journal for anyone to oppose, and if you are the applicant served with a notice of opposition, Section 21(2) gives you two months from receipt to file a counter-statement, failing which your application is deemed abandoned. The second is Section 25: renewal every ten years. A diary entry costs nothing. Losing a registered mark for a missed renewal costs the brand.
Common mistakes when choosing trademark classes
- Filing only in one class when the business spans goods and services.
- Relying on the class heading instead of a precise specification of goods and services.
- Copying a competitor's classes without checking your own activities. Their business is not yours, and their specification may be narrower or broader than it looks.
- Ignoring future plans, then having to re-file later and losing the earlier priority date.
- Skipping the search, then facing an objection under Section 11 (relative grounds, similarity to earlier marks) or Section 9 (absolute grounds, marks that are descriptive or devoid of distinctive character).
- Ignoring the examination report deadline. An unanswered examination report leads to abandonment, and reviving it is far harder than replying on time.
If your application is objected to, you typically respond with a written reply setting out why Section 9 or Section 11 does not apply, supported by evidence of use or of distinctiveness, and then attend a hearing if the Registry is not satisfied on paper.
How trademark classes relate to other IP rights
A trademark protects your brand identity within its classes. It does not protect the creative content itself, which is copyright, nor a functional invention (patent) or the look or shape of a product (design). If your brand assets include original artwork or written content, you may also rely on copyright registration in India. Trademark, copyright, design, and patent often work together for a single product line. Trademark disputes are largely civil, and the relief is usually a civil suit for trademark infringement or passing off, with an injunction as the practical prize.
A note on changing law and section numbers
The Trade Marks Act, 1999 itself has not been replaced. However, India's criminal codes were overhauled in 2023 and brought into force on 1 July 2024: the Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Indian Penal Code, 1860 by the Bharatiya Nyaya Sanhita, 2023. So where a trademark dispute spills into criminal territory, for example a counterfeiting complaint or a search and seizure, the procedural and offence sections you cite may now fall under the BNSS and the BNS rather than the CrPC and the IPC. The quashing power once found in Section 482 CrPC, for instance, is now Section 528 BNSS. Always verify the current section numbers before relying on them.
You can read the Trade Marks Act, 1999 on the Government's official statute portal: India Code, Trade Marks Act, 1999.
Frequently Asked Questions
How many trademark classes are there in India?
There are 45 classes under the NICE Classification: Classes 1 to 34 for goods and Classes 35 to 45 for services.
Can one trademark be registered in multiple classes?
Yes. Section 18(2) of the Trade Marks Act, 1999 allows a single application for different classes, and you may instead file separate single-class applications. The fee is payable per class either way.
What happens if I register in the wrong class?
Your registration may not protect you against a competitor operating in the class you actually needed. You generally cannot simply switch classes after filing; you may have to file afresh and lose your earlier priority date.
Who decides which class my product falls in?
Under Section 7(2) of the Trade Marks Act, 1999 any question about the class within which goods or services fall is determined by the Registrar, and that decision is final. You can make the case for a class, but the Registry has the last word.
How do I choose the right trademark class?
List everything your business actually sells or provides, map each item to the NICE specification rather than the class name, run a search in those classes, and draft a precise specification. Where goods and services both apply, you usually need more than one class.
Does a trademark in one class protect me in all classes?
Generally no. Protection is limited to the classes you registered in. The main exception is a well-known trademark, which can receive broader cross-class protection under Sections 2(1)(zg) and 11 of the Trade Marks Act, 1999.
How long do I have to oppose someone else's mark?
Four months from the date of advertisement or re-advertisement of the application in the Trade Marks Journal, under Section 21(1). If you are the applicant and an opposition is served on you, you have two months from receipt to file a counter-statement or the application is deemed abandoned.
Is the NICE Classification used only in India?
No. NICE is an international system used by many countries party to the Nice Agreement, which makes cross-border filings, for example via the Madrid Protocol, more consistent.
Do software and app companies need more than one class?
Often yes. Typically Class 9 for downloadable software or apps and Class 42 for software as a service or development, and sometimes Class 35 for online marketplace or retail services.
How long does a trademark registration last?
Section 25(1) gives a registration a ten year term from the date of application, renewable for successive ten year periods on application in the prescribed manner and payment of the prescribed fee.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
