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.
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) and 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.
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 — a new edition or version is published, so 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/WIPO list before finalising.
NICE divides everything into 45 classes:
- Classes 1–34 cover goods (physical products).
- Classes 35–45 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/services you file, not just the class number.
Trademark classes for goods (Classes 1–34)
| Class | Broadly covers |
|---|---|
| 1 | Industrial/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/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 35–45)
| Class | Broadly covers |
|---|---|
| 35 | Advertising, business management, retail/e-commerce services |
| 36 | Insurance, financial, banking, real-estate services |
| 38 | Telecommunications |
| 39 | Transport, packaging, storage, travel |
| 41 | Education, training, entertainment |
| 42 | Scientific/technological services, software development (SaaS), design |
| 43 | Food and drink services, hotels, restaurants |
| 44 | Medical, hygiene, beauty, agricultural services |
| 45 | Legal services, security, personal/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.
How to choose the right trademark class for your business
How to choose 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 (SaaS / 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/services. Overly broad specifications attract objections; overly narrow ones leave gaps.
- Decide single-class vs multi-class. You can file one application covering multiple classes (a “multi-class application”) or separate single-class applications. Fees are charged per 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.
Common real-world examples
| Business | Likely classes |
|---|---|
| Clothing/apparel brand | 25 (clothing); 35 (retail of clothing) |
| Restaurant / cloud kitchen | 43 (food services); 30/29 (packaged food, if sold) |
| Mobile app / SaaS startup | 9 (downloadable app); 42 (SaaS); 35 (if marketplace) |
| Cosmetics brand | 3 (cosmetics); 35 (retail) |
| Education / ed-tech | 41 (education); 9 (downloadable courses); 42 (platform) |
| Law/consulting firm | 45 (legal); 35 (business consultancy) |
These are illustrative starting points, not prescriptions. Your exact classes depend on your specific offering.
Single-class vs multi-class trademark applications
| Feature | Single-class application | Multi-class application |
|---|---|---|
| Number of classes | One | Two or more in one form (TM-A) |
| Government fee | Per class | Per class (no class is “free”) |
| Examination | One examination report | Often examined per class; 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.
What it costs and how long it takes (verify current figures)
Government fees are set under the Trade Marks Rules, 2017 and are charged per class, per application. Individuals, startups (with recognition), and small enterprises pay a lower fee than larger companies for e-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.
A clean, unopposed application can move from filing to registration in roughly a year or more; objections, oppositions, and hearings extend this. The broad stages are: filing → examination → publication in the Trade Marks Journal → opposition window → registration.
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/services.
- Copying a competitor's classes without checking your own activities.
- 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 — descriptive/non-distinctive marks).
If your application is objected to, you typically respond with a written reply or attend a hearing.
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 — that is copyright — nor a functional invention (patent) or the look/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.
A note on changing law and section numbers
The Trade Marks Act, 1999 itself has not been replaced. However, India's broader criminal codes were overhauled in 2023–24 — the Code of Criminal Procedure (CrPC) was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Indian Penal Code (IPC) by the Bharatiya Nyaya Sanhita (BNS), 2023. So where a trademark dispute spills into criminal territory (for example, counterfeiting offences), the procedural and offence sections you cite may now fall under BNSS/BNS rather than CrPC/IPC. 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. You can file a single multi-class application or separate single-class applications. Government fees are charged 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.
How do I choose the right trademark class?
List everything your business actually sells or provides, map each item to the NICE specification (not just 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 the Trade Marks Act, 1999.
Is the NICE Classification used only in India?
No. NICE is an international system used by many countries that are 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.
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.
