Trademark Classes Explained: How to Pick the Right One
India uses the 45-class Nice classification. Here is how the classes work, why you file per class, and how to avoid over- or under-protecting your brand.
By Legal Munshi Expert Desk
A trademark is registered for specific goods or services, not for a word in the abstract. The class you choose decides exactly what your registration protects.
The 45-class system
India follows the Nice classification, which divides everything into 45 classes. Classes 1 to 34 cover goods — from chemicals and machinery to clothing and food. Classes 35 to 45 cover services — including advertising, retail, finance, education, software and legal services. Each class is a separate registration.
Why you file per class
If your brand covers more than one category, you need a separate application in each class. A clothing brand that also runs a retail store, for example, needs a goods class for the clothing and a services class for the retail activity. Filing only one leaves the other unprotected.
Choosing the right class
Start from what you actually sell, not what you intend to sell one day. Look at the goods or services listed under each class and pick the class whose description matches your core activity. If you are unsure between two classes, the safer approach is to file both rather than guess.
Common mistakes
The most frequent mistakes are filing in a class that describes a different product, describing the goods too narrowly so the registration does not cover the full range, and delaying the filing until after launch. A search of the register before you commit to a name is the cheapest protection you can buy.
The process
An application is filed on the Trade Marks Registry portal. You receive an application number immediately, the mark is examined, and if there is no objection it is advertised for opposition. If nobody opposes it within the statutory period, the registration is granted. Objections and oppositions are time-bound, so replies must be filed promptly.
How long it lasts
A registered trademark is valid for ten years and can be renewed indefinitely in ten-year blocks. Missing a renewal exposes the mark to removal, so the renewal date is worth tracking from day one.