Last updated on April 30th, 2021
What is a Trademark class?
Trademark Class is when Goods and services are categorised into different classes while filing Trademark application.
India follows the classification popularly known as the Nice Classification. There are 45 classes in the Nice classification out of which, classes 1 to 34 categorizes goods or products and classes 35 to 45 categorizes services. While filing a trademark application, the class of goods and services to which the trademark belongs to must be mentioned in the application. It is important to choose the right class of trademark while filing the application as wrong classification of trademark could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.
Importance of Trademark classification
- Filing the application in a wrong class would result in the trademark owner losing their rights to enforce their trademark rights in the event of an infringement.
- Additionally, If a registered trademark exists under one class, another entity can file a trademark application for the same mark under a different class. Hence, filing of trademark application under one class does not provide complete exclusivity over use of the mark. Trademark only provides exclusivity for use of the mark with respect to the class of goods or services for which the trademark is registered.
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Trademark Class List
The list of classes for registration of trademark is given below.
Goods:
- Class 1: Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and also other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
- Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and also art.
- Class 3: Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and also abrasive preparations.
- Class 4: Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles, as well as wicks for lighting.
- Class 5: Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and also substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
- Class 6: Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; and also safes.
- Class 7: Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
- Class 8: Hand tools and implements, hand-operated; cutlery; side arms, except firearms; and also razors.
- Class 9: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and also downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, as well as breathing apparatus for underwater swimming; fire-extinguishing apparatus.
- Class 10: Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices and articles also for nursing infants; sexual activity apparatus, devices and also articles.
- Class 11: Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply as well as sanitary purposes.
- Class 12: Vehicles; apparatus for locomotion by land, air or water.
- Class 13: Firearms; ammunition and projectiles; explosives; fireworks.
- Class 14: Precious metals and their alloys; jewellery, precious and also semi-precious stones; horological and chronometric instruments.
- Class 15: Musical instruments; music stands and stands for musical instruments; and also conductors’ batons.
- Class 16: Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, but except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, and also printing blocks.
- Class 17: Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, but not of metal.
- Class 18: Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and also clothing for animals.
- Class 19: Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, but not of metal.
- Class 20: Furniture, mirrors, picture frames; containers, but not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
- Class 21: Household or kitchen utensils and containers; cookware and tableware, but except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and also earthenware.
- Class 22: Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and also substitutes therefor.
- Class 23: Yarns as well as threads for textile use.
- Class 24: Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
- Class 25: Clothing, footwear, headwear.
- Class 26: Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; and also false hair.
- Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, but not of textile.
- Class 28: Games, toys and playthings; video game apparatus; gymnastic and sporting articles; also decorations for Christmas trees.
- Class 29: Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products; oils and also fats for food.
- Class 30: Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments, as well as ice (frozen water).
- Class 31: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and also beverages for animals; malt.
- Class 32: Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and also other non-alcoholic preparations for making beverages.
- Class 33: Alcoholic beverages, except beers; and also alcoholic preparations for making beverages.
- Class 34: Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; and also matches.
Services:
- Class 35: Advertising; business management; business administration; office functions.
- Class 36: Insurance; financial affairs; monetary affairs; real estate affairs.
- Class 37: Construction services; installation and repair services; mining extraction, as well as oil and gas drilling.
- Class 38: Telecommunications services.
- Class 39: Transport; packaging and storage of goods; travel arrangement.
- Class 40: Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.
- Class 41: Education; providing of training; entertainment; sporting and also cultural activities.
- Class 42: Scientific and technological services and research and design relating thereto; industrial analysis, industrial research and industrial design services; quality control and authentication services; design and also 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 or animals; agriculture, aquaculture, horticulture and also forestry services.
- Class 45: Legal services; security services for the physical protection of tangible property and individuals; as well as personal and social services rendered by others to meet the needs of individuals.
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FAQs
Can a multi-class application be filed in India?
Yes, one can apply for registration under multiple classes in one single application. If the activity of the business involves diverse goods or services falling under different trademark classifications, Trademark application can be filed in more than one class.
What is the Government fee for a Single Class TM Application vs. Multi Class Applications?
For Registry, the fees are levied based on ‘Number of Classes Applied’ and not ‘Number of Applications’. Individual or Start-ups, for each class the government fees of Rs. 4,500 is to be paid. For all other cases, the Government fee of Rs. 9000 is to be paid. For example, if an individual applies for a trademark application under 3 classes, the Government fee will be Rs. 13,500.
What if my trademark is taken, but under a different class?
If your brand name has already been registered, but under a different class, you’re still in luck. If the party does not cease and desist from selling the goods with your trademark after a notice informing them of the infringement, you may take them to court.
Hey @Dia_malhotra, Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.