How to map your products and services to the right trademark class — and avoid costly filing mistakes.
Introduction
Every trademark application in India begins with one deceptively simple question:
“Which class should I file under?”
Most founders, in their excitement to secure a brand name, skip this crucial step or guess it based on what “feels” right. I’ve seen SaaS startups file under the same class as garment companies and organic food brands apply under “chemicals.”
The result? Rejections, wasted fees, and exposure to infringement.
Selecting the right trademark class is not a checkbox — it’s the foundation of your brand’s legal protection.
This article will help you understand:
- What trademark classes are and how they work under the Nice Classification system
- How to identify the right class for your business (with relatable examples)
- Common mistakes and misconceptions to avoid when selecting a class
- Expert tips on multi-class filing, product descriptions, and overlapping marks
By the end, you’ll not only understand which class your business belongs to — you’ll know how to protect it strategically.
What Are Trademark Classes?
Trademark classes categorize goods and services into 45 groups under the Nice Classification. When you register a trademark, your protection applies only to the classes you file in. In India, Classes 1–34 cover goods, while 35–45 cover services under the Trade Marks Act, 1999.
Trademark classes are essentially legal compartments that define what your brand protects.
Think of them like departments in a large store: if your trademark sits in the wrong department, your protection doesn’t extend where your business actually operates.
India, like most jurisdictions, follows the Nice Classification system — an international standard that harmonizes trademark filings across countries.
Each class represents a particular category of goods or services.
So when you file a trademark, you must choose the class(es) that best describe your commercial activities.
For example:
If you register your mark “GlowUp” under Class 3 (cosmetics), your rights cover skincare, lotions, perfumes, and similar products.
But if another company launches “GlowUp” for health supplements in Class 5, you usually can’t stop them — because it’s a different class of goods.
Mistake to Avoid
A common misconception among founders is believing that trademark protection covers everything once registered.
In reality, protection is class-specific. Filing under one class does not automatically secure your rights across all business segments.
If you file “BrewCrate” for coffee beans under Class 30 but later start cafés without filing under Class 43, you’re unprotected in that service category — and someone else can legally run “BrewCrate Café.”
Expert Tip: Always file for both goods and services if your brand operates in both domains (e.g., products + retail, software + SaaS).
The Nice Classification System — Simplified
The Nice Classification (established under the Nice Agreement, 1957) divides goods and services into 45 standard classes used globally.
India adopted this system to align its registry with international norms.
- Classes 1–34: Goods (tangible items)
- Classes 35–45: Services (activities, consultancy, digital offerings, etc.)
When filing Form TM-A, you must specify at least one class.
Each additional class incurs an additional government fee — but skipping necessary classes may cost much more later in legal disputes.
Mistake to Avoid
Many founders assume that a similar trademark registered in one class prevents registration in another.
That’s not always true.
Trademark protection depends not only on the class number but also on the nature of goods or services within that class.
Two businesses can sometimes coexist under the same class if their product descriptions differ significantly.
Example:
- “Sierra” registered in Class 25 for industrial uniforms
- “Sierra Active” applying in Class 25 for yoga wear
Both may coexist because the goods target different consumer segments and trade channels.
Expert Tip: Always check the description of goods/services of existing marks — not just the class number. You may still qualify for registration if your offerings differ materially.
Why Selecting the Correct Class Matters
Choosing the correct class defines the legal boundary of your trademark rights. Filing under an incorrect or incomplete class weakens your protection and creates compliance risk.
For instance, a company manufacturing health drinks under Class 32 but also marketing dietary supplements (Class 5) must protect both.
If they ignore Class 5, competitors can use a similar name for supplements and legally coexist.
Real Example:
One of my clients — a wellness startup “NutraZen” — registered under Class 32 for energy drinks. A year later, another company filed “NutraZen Plus” for protein powders in Class 5.
Because my client hadn’t filed under Class 5, we couldn’t object effectively. They had to refile later — at additional cost.
Mistake to Avoid
Founders often focus only on their primary product and overlook related areas. Always file for where you are today and where you’ll be tomorrow.
That’s the difference between reactive and strategic brand protection.
Mapping Businesses to Trademark Classes (With Practical Examples)
Let’s see how various Indian businesses fall under trademark classes — and where founders commonly go wrong.
1. Software and Technology Startups
Relevant Classes:
- Class 9 – Computer software, mobile apps, downloadable programs.
- Class 42 – IT services, SaaS, website hosting, development, AI solutions.
Example:
A startup “AppHive” offers a mobile app (Class 9) and also provides data analytics SaaS (Class 42).
They should file in both classes — one for the product, one for the service.
Common Mistake:
Filing only in Class 9. When competitors offer the same service as SaaS under Class 42, founders discover their trademark doesn’t protect the software platform as a service.
Expert Tip: Always think functionally — “What am I selling?” and “What am I offering?” are two different legal categories.
2. Clothing, Apparel, and Footwear Brands
Relevant Classes:
- Class 25 – Clothing, footwear, headgear.
- Class 35 – Retail and e-commerce services.
Example:
A brand “UrbanStitch” manufactures garments and sells online. It needs Class 25 (for clothing) and Class 35 (for online retail).
Common Misconception:
“If my mark is registered under Class 25, no one else can use it in Class 35.”
Wrong. Someone can still open an online store called “UrbanStitch Fashion Store” because Class 35 covers retail activity — not production.
Expert Tip: Always register for both your products and sales channels. E-commerce protection requires Class 35.
3. Food and Beverage Industry
Relevant Classes:
- Class 29 – Processed foods, dairy.
- Class 30 – Packaged foods, condiments.
- Class 32 – Juices, soft drinks.
- Class 43 – Restaurants, cafés, catering.
Example:
A startup “BrewBliss” operates a café (Class 43), sells packaged coffee (Class 30), and plans ready-to-drink cold brew (Class 32).
They should file across all three classes.
Mistake to Avoid:
Filing only for current products. If you expand later, someone else might already own your brand name in that new category.
👉 Expert Tip: For F&B brands, always anticipate vertical growth — café → packaged → franchise → retail — and plan your filings accordingly.
4. Health, Wellness, and Personal Care Startups
Relevant Classes:
- Class 3 – Cosmetics, soaps, essential oils.
- Class 5 – Medicines, supplements, herbal formulations.
- Class 44 – Medical, wellness, spa, and therapy services.
Example:
“PureVeda,” an Ayurvedic brand, sells herbal capsules (Class 5) and runs wellness centers (Class 44). Both must be covered.
Common Mistake:
Founders often think “one brand, one class.” But if you sell products and offer treatment, those are legally distinct.
Expert Tip: Your physical product and your consultation service fall under different classes — always protect both.
5. EdTech, Training, and Coaching Platforms
Relevant Classes:
- Class 9 – Educational software.
- Class 41 – Education, training, coaching services.
- Class 35 – Promotional/marketing (if providing institutional consultancy).
Example:
“SkillLeap” runs online courses and has an app. Both Class 9 and Class 41 apply.
Mistake to Avoid:
Registering only the app (Class 9) but not the service (Class 41). This leaves your brand vulnerable if someone starts “SkillLeap Academy.”
6. Consulting, Legal, and Financial Services
Relevant Classes:
- Class 35 – Business and management consulting.
- Class 36 – Financial and insurance services.
- Class 45 – Legal and compliance services.
Example:
“FinBridge Advisory” provides corporate consulting and legal compliance. Filing in both Class 35 and 45 ensures complete coverage.
Expert Tip: Multi-disciplinary firms should always combine advisory (Class 35) with the specialized field (Class 36 or 45).
Common Misconceptions About Trademark Classes
1. One Registration Covers Everything
False. Your mark is only protected for the specific classes you file in.
2. Two Identical Marks Cannot Exist in the Same Class
Not necessarily true. The Registrar checks for likelihood of confusion, not identical class number alone. If product descriptions differ significantly, both marks can coexist.
Example:
“GreenCore” registered for industrial adhesives (Class 1) doesn’t block “GreenCore Fertilizers” (Class 1) if the goods and customers differ entirely.
3. Trademark Protection Is Universal
Trademark protection is jurisdiction-based. Registration in India protects you only within India.
For international protection, you must apply via the Madrid Protocol or file separately in each country.
Expert Tip: When reviewing conflicting marks, always check:
- The class number
- The specific product/service description
- The jurisdiction (country)
You may still proceed if your business area doesn’t overlap materially.
Multi-Class Filing and Future Expansion
Businesses rarely stay within one class forever. Startups evolve — adding new product lines, digital offerings, or retail extensions.
Filing a multi-class application (under Rule 11 of the Trade Marks Rules, 2017) can simplify administration.
However, I generally advise clients to file separate applications for each class.
Why? Because if one class faces objection, others can still proceed independently.
Example:
“EcoCart” filed a single multi-class mark for packaging (Class 16) and e-commerce (Class 35). The Class 16 portion faced objection, delaying the entire application.
Separate filings would have saved time.
Expert Tip: For startups, multiple single-class filings offer better control and faster registration timelines.
How to Future-Proof Your Trademark Filing
When deciding your classes, don’t think just of what you’re selling today — think of where your business will go next.
If your brand “NutraHeal” sells nutrition bars (Class 30) but plans to launch supplements (Class 5) or wellness programs (Class 44), include those classes upfront.
Re-filing later costs time and creates legal gaps competitors can exploit.
Related Articles
- How to Conduct a Trademark Search in India (Step-by-Step Guide)
- How to Register a Trademark in India: Expert Guide
- What Can Be Trademarked in India
FAQs
1. Can I register one trademark for all classes?
No. You must file separately for each relevant class.
2. Can two companies register similar marks in the same class?
Yes, if their goods/services are distinct enough to avoid confusion.
3. Can I expand later to other classes?
Yes, but only by filing new applications. It’s better to plan for future classes now.
4. Does a trademark registered in India protect it internationally?
No. Protection is jurisdiction-based. For overseas markets, file through the Madrid Protocol.
Final Word
Understanding trademark classes is not a technical formality — it’s your brand’s legal architecture.
Each class defines the extent of your exclusivity and your freedom to grow.
Choosing correctly — and strategically — ensures your brand isn’t trapped in a box smaller than its potential.
As I often tell clients:
“Don’t file where you are. File where you’re going.”
About the Author
Prashant Kumar is a Company Secretary, Published Author, and Partner at Pratham Legal, a full-service Indian law firm advising on corporate, regulatory, and intellectual property matters.
He has filed thousands of trademark applications, successfully handled classification, opposition, and restoration matters, and regularly advises startups on IP strategy and compliance.
For expert assistance with class selection, filing, or brand protection strategy, contact:
📞 +91-9821008011
📧 prashant@prathamlegal.com
[…] Understanding Trademark Classes in India (with Everyday Examples) […]
[…] the broader categorisation of goods and services, I have also written an accessible explainer on trademark classes for Indian businesses, including how the Indian Nice classification and class selection under Indian trademark […]