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Trademark Classes in India
A trademark class is a system used to categorise trademarks based on the types of goods and services. It has 45 classes, of which 34 are for products and 11 are for services.
Importance of Trademark Classification
Trademark classification is crucial for protecting intellectual property rights. It ensures that trademarks are registered under specific categories, which helps avoid conflicts and provides clear guidelines for trademark owners. Proper classification helps in the following:
Identifying the scope of trademark protection
Facilitating efficient trademark searches
Simplifying the trademark registration process
Understanding Trademark Classes
What are trademark classes?
Trademark classes categorize goods and services into 45 different classes:
Classes 1-34 cover goods.
Classes 35-45 cover services.
Each class represents a specific type of good or service. For instance:
Class 25 includes clothing, footwear, and headgear.
Class 35 includes advertising, business management, and office functions.
Why Classification Matters
Correctly classifying a trademark is essential for:
Ensuring comprehensive legal protection
Avoiding legal disputes with similar trademarks
Accurately representing the nature of the goods or services
Incorrect classification can lead to legal challenges and potentially invalidate a trademark registration.
How to Determine the Right Class for Your Trademark
Determining the correct class for your trademark involves:
1. Identifying Your Goods or Services: Clearly define the products or services your trademark will represent.
2. Consulting the Nice Classification: Refer to the Nice Classification system to find the most relevant class for your goods or services.
3. Seeking Professional Advice: Consult with our trademark attorney or specialist to ensure accurate classification and avoid potential issues.
Karan Agarwal
IP Lawyer (8 years of experience)
Get all your queries related to trademark class and registration sorted. Have a guided approach of complete process and its importance.
Detailed List of Trademark Classes
| Class | Description | Example | Relevant industries |
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| Chemicals Chemicals are used in industry, science, and photography, as well as in agriculture, horticulture, and forestry. |
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| Class 2 | Paints and Coatings Paints, varnishes, lacquers; preservatives against rust and deterioration of wood; colorants. |
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| Cosmetics and Cleaning Preparations Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
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| Class 4 | Lubricants and Fuels Industrial oils and greases; lubricants; dust absorbing, wetting, and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting. |
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| Pharmaceuticals Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
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| Class 6 | Metal Goods Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. |
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| Class 7 | Machinery Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines. |
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| Class 8 | Hand Tools Hand tools and implements (hand-operated); cutlery; side arms; razors. |
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| Scientific Instruments Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving, and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating, or controlling electricity. |
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| Class 10 | Medical Instruments Surgical, medical, dental, and veterinary apparatus and instruments, artificial limbs, eyes, and teeth; orthopedic articles; suture materials. |
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| Class 11 | Environmental Control Apparatus Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes. |
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| Class 12 | Vehicles Vehicles; apparatus for locomotion by land, air, or water. |
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| Class 13 | Firearms Firearms; ammunition and projectiles; explosives; fireworks. |
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| Class 14 | Jewelry Precious metals and their alloys and goods in precious metals or coated in addition to that, not included in other classes;jewelry, precious stones; horological and chronometric instruments. |
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| Class 15 | Musical Instruments Musical instruments. |
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| Class 16 | Paper Goods and Printed Matter Paper, cardboard, and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks. |
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| Class 17 | Rubber Goods Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, not of metal. |
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| Class 18 | Leather Goods Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols, and walking sticks; whips, harnesses, and saddlery. |
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| Class 19 | Non-metallic Building Materials Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; monuments, not of metal. |
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| Class 20 | Furniture and Articles Not Otherwise Classified Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all these materials, or of plastics. |
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| Class 21 | Housewares and Glass Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain, and earthenware not included in other classes. |
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| Class 22 | Cordage and Fibers Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks, and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials. |
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| Class 23 | Yarns and Threads Yarns and threads, for textile use. |
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| Class 24 | Fabrics Textiles and textile goods, not included in other classes; bed and table covers. |
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| Clothing Clothing, footwear, headgear. |
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| Class 26 | Fancy Goods Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. |
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| Class 27 | Floor Coverings Carpets, rugs, mats, and matting; linoleum and other materials for covering existing floors; wall hangings (non-textile). |
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| Class 28 | Toys and Sporting Goods Games and playthings; gymnastics and sporting articles not included in other classes; decorations for Christmas trees. |
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| Class 29 | Meats and Processed Foods Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk, and milk products; edible oils and fats. |
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| Staple Foods Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry, and confectionery; ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. |
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| Class 31 | Natural Agricultural Products Agricultural, horticultural, and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants, and flowers; foodstuffs for animals; malt. |
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| Class 32 | Light Beverages Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
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| Class 33 | Wines and Spirits Alcoholic beverages (except beers). |
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| Class 34 | Smokers’ Articles Tobacco; smokers' articles; matches. |
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| Advertising and Business Advertising; business management; business administration; office functions. |
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| Class 36 | Insurance and Financial Insurance; financial affairs; monetary affairs; and real estate affairs. |
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| Class 37 | Building Construction and Repair Building construction; repair; and installation services. |
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| Class 38 | Telecommunications Telecommunications. |
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| Class 39 | Transportation and Storage Transport; packaging and storage of goods; travel arrangement. |
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| Class 40 | Treatment of Materials Treatment of materials. |
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| Education and Entertainment Education; providing of training; entertainment; sporting and cultural activities. |
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| Science and Technology Services Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
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| Class 43 | Food and Accommodation Services Services for providing food and drink; temporary accommodation. |
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| Class 44 | Medical and Beauty Services Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services. |
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| Legal and Security Services Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
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Description
Chemicals are used in industry, science, and photography, as well as in agriculture, horticulture, and forestry.
Examples
- Industrial chemicals
- Fertilizers
- Photographic chemicals
- Water treatment chemicals
Relevant Industries
- Manufacturing
- Agriculture
- Pharmaceuticals
- Environmental services
How to Apply for a Trademark in India
Steps for Trademark Registration
1. Pre-Filing Search
Conduct a comprehensive trademark search to ensure your desired trademark is unique and not already in use. This can be done on the Indian Trademark Registry website
2. Filing the Application
Prepare and file the trademark application (Form TM-A) with the Trademark Registrar. This can be done online through the official IP India website or offline at the designated trademark office.
3. Application Details
Include the applicant's details, trademark representation, class of goods/services, description of goods/services, and priority date (if applicable).
4. Examination
The trademark office examines the application for compliance with legal requirements and potential conflicts with existing trademarks. This process can take several months.
5. Publication in Trademark Journal
If the application is approved, the trademark is published in the Trademark Journal. This allows the public to oppose the registration if they believe there is a conflict.
6. Opposition Period
There is a four-month period during which any third party can oppose the trademark registration. If an opposition is filed, both parties must submit evidence and attend hearings.
7. Registration
If there are no oppositions or if the opposition is resolved in favor of the applicant, the trademark is registered, and a registration certificate is issued.
8. Post-Registration
Once registered, the trademark is valid for 10 years and can be renewed indefinitely every 10 years.
Karan Agarwal
IP Lawyer (8 years of experience)
Get all your queries related to trademark class and registration sorted. Have a guided approach of complete process and its importance.
Important Considerations
Class Selection: Carefully choose the appropriate class(es) for your goods/services. This ensures adequate protection and avoids potential conflicts.
Distinctiveness: Ensure your trademark is distinctive and not merely descriptive of the goods/services.
Legal Assistance: Consider hiring a trademark attorney to navigate the complexities of the application process and handle any oppositions.
Common Mistakes to Avoid
Inadequate Search: Failing to conduct a thorough trademark search can lead to conflicts and rejection.
Incorrect Class: Registering under the wrong class can result in limited protection or refusal.
Incomplete Application: Providing incomplete or incorrect information can delay the process or lead to rejection.
Ignoring Oppositions: Not responding to oppositions promptly can result in the loss of trademark rights.
Managing Your Trademark
Renewal and Maintenance
Renewal: Trademarks must be renewed every 10 years. The renewal application (Form TM-R) should be filed six months before the expiration date.
Use in Commerce: Regularly use your trademark in commerce to avoid cancellation for non-use.
Monitoring: Continuously monitor the market and trademark journal for potential infringements or conflicting trademarks.
Handling Trademark Infringements
Cease and Desist: Send a cease and desist letter to the infringing party, requesting them to stop using your trademark.
Legal Action: If the infringement continues, file a lawsuit in a court of law. You may seek injunctions, damages, and other legal remedies.
Alternate Dispute Resolution: Consider mediation or arbitration to resolve disputes without lengthy court proceedings
Licensing and Assignment
Licensing: You can license your trademark to third parties for use. Ensure the licensing agreement is detailed, covering terms, duration, quality control, and termination.
Assignment: Trademarks can be transferred to another party through an assignment. This should be recorded with the Trademark Registry to update ownership records.
FAQs on Trademark Classes and Registration in India
What is the Nice Classification system used in India for trademarks?
The Nice Classification is an international system used to categorize goods and services for trademark registration. India adopts this system to ensure uniformity and ease in trademark classification.
How many trademark classes are there in India?
There are 45 trademark classes in India, with Classes 1 to 34 covering goods and Classes 35 to 45 covering services.
What should I consider when choosing a trademark class for my business?
Consider the specific goods or services you offer and consult the Nice Classification system. Ensure the chosen class accurately reflects your business activities to avoid conflicts.
Can I amend the class of my trademark application after submission?
No, once a trademark application is submitted, the class cannot be amended. You would need to file a new application if the class was incorrectly chosen.
How does registering a trademark in multiple classes benefit my business?
Registering in multiple classes provides broader protection, covering all areas your products or services may extend into, thus preventing others from using similar marks in related fields.
What are some common examples of goods under Class 3?
Class 3 includes goods such as soaps, perfumery, essential oils, cosmetics, and hair lotions, primarily focusing on cleaning and personal care products.
What types of services are covered under Class 42?
Class 42 covers scientific and technological services, including research, design, and development of computer hardware and software, as well as industrial analysis and research.
Is there a specific class for legal services in trademark classification?
Yes, legal services are classified under Class 45, which also includes security services and personal and social services rendered by others.
What are the key steps for successful trademark registration?
- Conduct Thorough Searches: Before filing, conduct a comprehensive search to ensure your trademark is unique and does not infringe on existing trademarks.
- Choose the Right Class: Carefully select the appropriate class or classes that accurately reflect your goods or services. Consult the Nice Classification for guidance.
- Complete and Accurate Application: Ensure all details in your application are accurate and complete. Mistakes can lead to delays or rejection.
- Monitor Your Trademark: After registration, regularly monitor the market and the Trademark Journal for potential infringements.
- Renew Timely: Trademarks must be renewed every 10 years. File for renewal well in advance to avoid lapses in protection.
Understanding Trademark Basics
Enhancing Trademark Knowledge
Navigating Complex Trademark Issues
Mastering Trademark Strategy
