Choose trademark classes by listing every product and service offered under the mark, describing its nature, purpose and delivery, and matching those items to the current Nice Classification. Then draft a specification that is neither vague nor disconnected from genuine use. Search the chosen classes and commercially related classes before filing. A class number organises the application; it does not guarantee registration, define every infringement question or automatically protect future business expansion.
A class organises the claim; the specification gives it substance
Section 7 of the Trade Marks Act, 1999 requires goods and services to be classified for registration. India uses the Nice Classification, currently NCL(13-2026), with 45 classes.
Classes 1–34 cover goods and classes 35–45 cover services. This is not a simple physical-versus-intangible split: downloadable software is commonly a Class 9 good, while software as a service is commonly a Class 42 service. The same brand may require both.
Do not claim the heading blindly. A class heading is a navigation tool, not a substitute for describing the offerings for which the mark is used or genuinely intended to be used. The Registry examines the listed specification.
Six questions before choosing a number
This is an editorial decision framework, not a statutory or statistically validated model.
What is sold under the mark?
Evidence: invoices, catalogue and product screens. Warning: describing the company instead of the offering. First step: write a noun-and-function list.
Good, service or both?
Evidence: what the buyer receives. Warning: treating every online activity as Class 35. First step: separate product ownership from service delivery.
What does it do?
Evidence: purpose, material, user and industry. Warning: using a broad label such as “technology.” First step: identify the commercial function.
How is the mark used?
Evidence: packaging, app, website and contracts. Warning: aspirational classes without a plan. First step: map each specimen to an item.
Which plans are genuinely near?
Evidence: approved roadmap and budget. Warning: all 45 classes “just in case.” First step: separate current, near and speculative offerings.
Which related markets must be searched?
Evidence: customers and trade channels. Warning: exact class-only search. First step: create a related-class search ring.
Move from the sale to the specification
Use class families to navigate, then verify the item
Products and certain downloadable assets
Broad families include chemicals and pharmaceuticals; machinery and instruments; vehicles; jewellery; printed matter; bags and furniture; household goods and textiles; clothing, toys and sporting goods; foods and beverages; and tobacco-related goods. Parts and accessories do not always follow the finished product.
Commercial activities performed for others
The service classes cover advertising and business services, finance, construction and repair, telecommunications, transport, treatment of materials, education and entertainment, technology, hospitality, healthcare and legal or security services.
Always confirm the current alphabetical list, class heading, explanatory note and general remarks. Classification can turn on purpose: a chemical may fall differently depending on industrial, medical or cosmetic use; a platform may involve downloadable software, hosted software and retail marketplace services.
Start with the model, not an industry shortcut
Software business
Downloaded or recorded software may point to Class 9; telecommunications to Class 38; SaaS, PaaS, software design or hosting commonly to Class 42. The specification should name the actual technology function.
Food brand
Processed foods may fall across Classes 29 and 30; fresh agricultural products in Class 31; beverages in Classes 32 or 33; restaurant services in Class 43. A restaurant registration does not automatically cover packaged retail products.
Fashion retailer
Clothing is commonly Class 25; bags and leather goods Class 18; jewellery Class 14; cosmetics Class 3; retail and online retail services Class 35. Class 35 does not replace the product classes.
Education platform
Education and training commonly fall in Class 41. Downloadable educational software may require Class 9; hosted learning software or technology services may require Class 42.
Healthcare business
Pharmaceuticals commonly fall in Class 5, medical devices in Class 10 and medical services in Class 44. Regulatory approval and trademark classification are separate questions.
Manufacturer
Classify the finished goods and separately test components, raw materials, installation, repair, custom manufacture and retail services. The factory's industry label is rarely a complete specification.
File multiple classes only when the business case is real
IP India permits a TM-A application covering one or more classes. The official fee is charged for each class and each mark. As of the research date, the e-filing schedule lists ₹4,500 per class and mark for an individual, startup or small enterprise, and ₹9,000 in other cases. Eligibility evidence and live fees should be rechecked before payment.
File first
Goods and services already offered under the mark, with a specification supported by commercial evidence.
Consider carefully
Approved, funded extensions with a credible launch plan and a clear reason to secure filing priority.
Usually defer
Distant ideas with no genuine plan. Extra classes increase filing, search, prosecution and renewal cost.
Multi-class efficiency has a trade-off. Objections or opposition affecting one class can complicate the overall filing. A professional may recommend separate applications where risk, ownership, timing or portfolio management differs.
Search the mark, the market and related classes
IP India's public search should be used for identical and similar word marks, phonetic variants, applicant names and relevant classes. A registry search is not a complete market clearance: also investigate company names, domains, app stores, marketplaces, social platforms, trade directories and unregistered use.
Search wider than the filing class
- Same class and close specifications
- Coordinated or commercially related classes
- Upstream and downstream offerings
- Retail and product relationships
- Well-known or reputed marks
Assess more than exact spelling
- Visual and phonetic similarity
- Concept and overall impression
- Nature and purpose of goods or services
- Consumers and trade channels
- Earlier use, filing and registration status
Different class numbers do not guarantee coexistence. Conversely, marks in the same class do not always conflict. The legal question depends on the mark, goods or services, facts and applicable grounds.
Class selection is one part of filing quality
From catalogue to TM-A
Freeze the mark and applicant
Decide word mark, logo or both, and identify the legal owner before searching or filing.
Build the offering inventory
List current goods and services, delivery method, purpose, users, packaging and evidence of use.
Map NCL(13-2026)
Use the WIPO class headings, explanatory notes, general remarks and alphabetical list to identify candidates.
Draft class specifications
Use precise terms that cover the real commercial scope without claiming unrelated activity.
Search and risk-rate
Search exact, similar and phonetic marks in the chosen and related classes, then investigate market use.
Choose filing architecture
Decide single-class, multi-class or separate filings based on ownership, objection risk, budget and expansion timing.
File TM-A and track
Confirm applicant category, use claim, documents and fees; monitor examination, publication and any four-month opposition period.
Classification shortcuts that fail
“Class 35 covers every business”It covers specified services, not every product sold by a business.
“Class 9 covers all technology”Technology may span goods and several service classes based on function.
“Different class means no conflict”Relatedness and confusion are not controlled by the class number alone.
“Broader is always safer”Overbroad, unsupported terms add cost and potential non-use vulnerability.
“A new class can be added later”Expanded offerings normally require a fresh application and a later priority date.
“Registry search proves availability”Unregistered use and wider market facts also require investigation.
Escalate complex or high-value filings
Obtain tailored trademark advice for pharmaceuticals and INNs, certification or collective marks, shape or sound marks, franchise systems, marketplaces, regulated financial or healthcare services, an adverse search result, an earlier-use claim, international filing, coexistence negotiations, assignment, licensing or threatened opposition.
Turn the product map into a defensible trademark filing
Review the applicant, mark format, class selection, specification, clearance search and filing architecture before paying per-class fees or launching the brand at scale.
Request a trademark class reviewFrequently asked questions
How many trademark classes are there in India?
India uses the Nice Classification's 45 classes: classes 1–34 for goods and classes 35–45 for services. The current version for 2026 is NCL(13-2026), effective from 1 January 2026.
Can I add another class to an existing trademark application or registration?
An applicant generally cannot expand the specification by adding a new class or new goods and services beyond the filed scope. A fresh application is normally required for additional classes or expanded offerings, subject to procedural advice on the facts.
Does filing in Class 35 protect the products an online store sells?
Not by itself. Class 35 may cover retail, advertising or marketplace services, while the branded products usually belong in their relevant goods classes. The exact specification should match how the mark is used.
Are Indian trademark application fees charged per class?
Yes. The current IP India fee schedule states that TM-A fees are for each class and each mark. For e-filing, it lists ₹4,500 for an individual, startup or small enterprise and ₹9,000 in other cases, subject to eligibility and future change.
Can similar marks coexist in different classes?
Sometimes, but a different class number is not a complete defence. The Registry and courts may consider similarity of marks, relatedness of goods or services, trade channels, consumers, reputation and likelihood of confusion.
Should a startup file in every class it may enter later?
Usually no. File around genuine current or reasonably planned use, budget and clearance risk. Overbroad filing increases cost and may create non-use vulnerability without creating useful rights.
What is the difference between a class and a specification?
The class is an administrative category. The specification is the applicant's actual list of goods or services within that class. Protection is assessed using the mark, specification and applicable law—not the class number alone.
Official sources
- WIPO: Nice Classification and NCL(13-2026) files — current edition, class headings and explanatory materials.
- IP India: trademark filing process — search, class selection, TM-A, examination and publication workflow.
- IP India: forms and official fees — current per-class TM-A e-filing fees.
- Trade Marks Registry Public Search — official Indian trademark search tool.
- IP India Trade Marks Journal — current publication and opposition review.
- India Code: Trade Marks Act, 1999 — classification, registration, infringement and opposition framework.
Related TargoLegal guidance: trademark registration in India and how to conduct a trademark search before filing.
