TRADEMARK CLASS
Trademark is segregated into 45 different classes as per the NICE classification for a trademark, also known as the International Certification of Goods and Services. Each of the trademark classes represents a distinct set of goods and services.
While filing a trademark registration application, it is necessary to do a trademark search to avoid discrepancies. It is essential to choose the right class of the trademark as the mark’s wrong classification can hamper the registration process.
Trademark applications can be filed in more than one class if the business’s activity involves various goods or services falling under different trademark classifications. Further, even if a registered trademark exists less than one class, another entity can file a trademark application for the same mark under another class.
Hence, filing of trademark application under one class does not provide complete exclusivity over the mark’s use. Trademark only includes exclusivity for the mark’s use concerning the class of goods or services for which the trademark is registered. Use the trademark class finder tool to find the correct trademark class for your goods or service from over 80,000 goods and services.
Among the 45 classes mentioned below, 34 classes come under the Goods section, and 11 classes come under the service section.
Basis of Trademark classification
Trademark Classification of Goods
According to its function and purpose, a finished product is classified. Suppose the product is not mentioned in any of the classes, then it is compared with the other finished products indicated in the list.
A multipurpose product can be identified in all the classes that correspond to any of its functions. If those functions are not mentioned in any class such then other criteria like the raw materials of the products or its mode of operation.
Raw materials or semi-worked products are classified according to the material they are made up of. When the product is made up of different materials; it is organized by the material that predominates.
Trademark Classification of Services
The services are classified based on the branches of the activities specified in the service classes’ headings and the explanatory notes.
Rental services get classified in the same class.
Service that provides advice, information, or consultation is classified in the same class as the services related to the subject matter of the advice, information, or consultation.
Trademark Class
Trademark classification of goods
Class | Description |
Trademark Class 1 | Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed plastics; chemical substances for preserving foodstuffs; |
Trademark Class 2 | Paints; varnishes; preservatives against rust and against deterioration of wood; colorants; metals in foil and powder form for painters; decorators; printers and artists; |
Trademark Class 3 | Bleaching preparations and substances for laundry use; cleaning; polishing; abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; |
Trademark Class 4 | Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks; |
Trademark Class 5 | Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; disinfectants; fungicides, herbicides; |
Trademark Class 6 | Common metals and their alloys; metal building materials; small items of metal hardware; pipes and tubes of metal; goods of metal not included in other classes; |
Trademark Class 7 | Machines and machine tools; machine coupling and transmission components; agricultural implements other than hand-operated; incubators for eggs; |
Trademark Class 8 | Hand tools and implements (hand-operated); cutlery; side arms; razors |
Trademark Class 9 | Scientific, electric, photographic, measuring, apparatus for recording, transmission or reproduction of sound or images; data processing equipment and computers; |
Trademark Class 10 | Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials; |
Trademark Class 11 | Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes |
Trademark Class 12 | Vehicles; apparatus for locomotion by land, air or water |
Trademark Class 13 | Firearms; ammunition and projectiles; explosives; fire works |
Trademark Class 14 | Precious metals and their alloys and goods in precious metals; jewellery, precious stones and other chronometric instruments |
Trademark Class 15 | Musical instruments |
Trademark Class 16 | Paper, cardboard and goods made from these materials; printed matter; stationery; brushes; typewriters and office requisites; plastic materials for packaging; |
Trademark Class 17 | Rubber, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes; |
Trademark Class 18 | Leather and imitations of leathe; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery; |
Trademark Class 19 | Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal. |
Trademark Class 20 | Furniture, mirrors, picture frames; goods of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum or of plastics |
Trademark Class 21 | Household or kitchen utensils and containers; combs and sponges; articles for cleaning purposes; unworked or semi-worked glass; glassware and earthenware; |
Trademark Class 22 | Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags, padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials |
Trademark Class 23 | Yarns and threads, for textile use |
Trademark Class 24 | Textiles and textile goods, not included in other classes; bed and table covers. |
Trademark Class 25 | Clothing, footwear, headgear |
Trademark Class 26 | Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers |
Trademark Class 27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile) |
Trademark Class 28 | Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees |
Trademark Class 29 | Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jams, fruit sauces; eggs, milk and milk products; edible oils and fats |
Trademark Class 30 | Coffee, tea, cocoa, sugar, rice, tapioca, sago; bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar; spices; ice |
Trademark Class 31 | Agricultural, horticultural and forestry products and grains; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt |
Trademark Class 32 | Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages |
Trademark Class 33 | Alcoholic beverages(except beers) |
Trademark Class 34 | Tobacco, smokers’ articles, matches |
Trademark classification of services
Class | Description |
Trademark Class 35 | Advertising, business management, business administration, office functions. |
Trademark Class 36 | Insurance, financial affairs; monetary affairs; real estate affairs. |
Trademark Class 37 | Building construction; repair; installation services. |
Trademark Class 38 | Telecommunications. |
Trademark Class 39 | Transport; packaging and storage of goods; travel arrangement. |
Trademark Class 40 | Treatment of materials. |
Trademark Class 41 | Education; providing of training; entertainment; sporting and cultural activities. |
Trademark Class 42 | Scientific, design and technological services; industrial analysis and research services; design and development of computer hardware and software. |
Trademark Class 43 | Services for providing food and drink; temporary accommodation. |
Trademark Class 44 | Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
Trademark Class 45 | Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Trademark Registration FAQ's
How do I register for a trade mark?
In India, registering a trademark is done through the Indian Trade Marks Registry (TMR), you must first conduct a trademark search then file an application for registration, one submitted, the TMR will review it and issue a trademark registration certificate if the application is accepted. Register your Trademark with BRITSI to access our expertise.
How much does it cost to register a trade mark?
The cost of registering a trademark in India varies depending on the class of goods or services associated with the trademark.
What is the validity of a trademark?
A normal registered trademark is valid for ten years; the owner must renew their registration.
Is my trademark application valid across the world?
No, any trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.
Can a foreigner or foreign entity get a trademark registered in India?
Yes, a foreign person or a foreign entity can apply for trademark registration in India.
How long it takes to obtain Trademark registration?
Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the registry to complete their formalities and provide registration for the trademark.
When is the TM Mark used?
The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.
When is the R mark used?
The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided
What is the validity of Trademark registration?
Registered trademarks are valid for 10 years from the date of filing. The owner of the mark can file for renewal to keep the trademark protection current prior to the end of its validity.
What happens when the trademark application gets refused?
If the trademark examiner sends a hearing notice to the applicant and if there is no response to the hearing notice within 30 days of receipt, then the application is automatically refused. In such a case, a new application needs to be filed.
What is the function of a Trademark?
The trademark identifies the goods or services and their origin It guarantees its unchanged quality The trademark guarantees its unchanged quality Trademark registration creates a brand identity or the images for the goods and services.
How to carry a Trademark search?
A Trademark search is necessary before any entrepreneur begins with the search mark for trademark availability. You check with the Trademark Registry and also the search option on our website where you can find information on the registered trademarks.
What information should the Trademark application contain?
The trademark registration application has to contain the following information: Logo or the trademark Name and address of the trademark owner Trademark used since the date Description of the goods or service
What are the documents required for Trademark registration?
For obtaining a trademark registration in India the following documents are to be submitted: Identity Proof of the trademark owner PAN Card Passport Aadhar Card Incorporation certificate (If it is a Private Limited Company or LLP) Udyog Aadhar registration A logo is applicable and available Address Proof
Which forms are to be filed while making a trademark application?
Form 48 and TM 1 has to be filed for making a trademark application.
What are the benefits of getting trademark registration?
There are several reasons to get the trademark registration but the major reason is to obtain the registration as the trademark acts as an asset for the company, It is a powerful deterrent and has legal remedies.
Who needs Trademark registration?
Any word, name, device, label, numerals, or a combination of colors that can be represented graphically can be registered as a trademark. The trademark to be registered must also be distinctive for the services or goods for which it is proposed to be registered.
Which Trademarks cannot be registered?
Any mark which is identical or similar to an existing registered trademark or any trademark for which an application has been made, cannot be registered. Also, marks that would likely cause deception or confusion or are offensive in any way may not be registered. Geographical names, common names, common trade words and common abbreviation can also not be registered as a trademark.
What is Trademark Class?
To standardize the goods or services which the trademark will represent, the trademark registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes. Trademark registration is granted for that specific class of goods or service.
