Trademark Classification in India

By Online Legal India Published On 27 Sep 2023 Updated On 15 Feb 2024 Category Trademark

Depending on the type of products or services, the trademark or service mark registration needs to apply. Without determining the class or type of business, trademark, or service mark registration is not possible. That is why, the respective authority of the Government of India has classified the services and goods into 45 classes to determine the classes of business they are doing. The trademark applicants have to apply for it, selecting the classes of the business. This piece of content will discuss all varieties of trademark classification in India.

List of Contents you will get:

What is a Trademark?
What is called trademark classification?
On which base trademark classification is determined?
What are the Classes of trademark registration?
Trademark classification of goods and services
Frequently asked Question and Answers (FAQs)

What is a Trademark?

A trademark is an intellectual property of any business that provides the owner an exclusive right over a symbol, phrase, logo, design, expression, sound, etc., or a mixture of them. After registration, nobody can use the same for the individual entity, business mark, or service mark or as a trademark for any organization or business property identification. At the same time, the copying of the same will lead to legal action. Thus, a trademark keeps the products of a business distinguished from others.

What is called trademark classification?

The trademark classification in India has a wide list of products and services, which are also similarly divided into NICE classifications (International Classification of Goods and Services, also known as the Nice Classification). Each of the classes is divided and segmented for their particular nature. At the time of trademarking, the applicant must mention the class of the business. Otherwise, the trademark registration application will not be acceptable. The trademark classification system plays an important role in trademark search and helps prevent trademark infringement.

On which base trademark classification is determined?

Trademark Classification for Services

Trademark classification for services depends on the basic branches of activities in the headings of the classification note mentioned below.

Any rental services are classified under the same segment
Advice or consultation-related services are dropped under the subject of information, advice, or consultation.
The trademark class for services is classified based on branches of activity, as specified in the headings and explanatory notes.
Rental services are classified in the same class.
Advice or consultation-related services are categorized based on the subject of the consultation, information or advice.

Trademark Classification for Goods

When trademark classification for goods is determined, the purpose or function of the product has been noted in mind. If the product does not show a part of any class, they are classified in terms of the functions or purposes they perform.

Depending on the functions, multiple products and goods may fall under the same category. Then, it might create multiple classes that relate to their functions. If the functions cannot be determined or mentioned in any clauses, they are then classified as raw materials or based on the mode of transport.

Again, the raw materials and the semi-finished materials are classified based on the material they are made of. If the thing is made with a combination of materials, it will be classified based on the material most commonly used.

What are the Classes of trademark registration?

In India, there are 45 classes of trademark registration. Among them, from 1 to 34 classes belong to products, and from 35- to 45 classes belong to services.

Trademark Classes	Descriptions
Class 1	Chemical industry, horticulture, photography, science, agriculture, and forestry; chemical substances for preserving foodstuffs; unprocessed plastics.
Class 2	Preservatives against rust, paints and many of its varnishes; Chemicals used to prevent corrosion of wood, metal powder, colorants, foil, painters, decorators, artists.
Class 3	Laundry use substances, cleaning things; bleaching preparations; polishing; cosmetics, essential oils, soaps; abrasive preparations; perfumery, hair lotions, etc.
Class 4	Industrial oils, greases; wicks; candles, wax, lubricants; dust absorbing, fuels and illuminants, wetting and binding compositions.
Class 5	Pharmaceutical, herbicides; fungicides, veterinary, food for babies; disinfectants; sanitary preparations; dietary items.
Class 6	Common metals, small metal and hardware products, alloys, metal made building materials. Metal pipes and other goods that are not a part of other classes of trademark registration system.
Class 7	Machines, spares or machine tools; agricultural implements- except hand operated tools; machine matching and transmission equipment; incubators for eggs, and more.
Class 8	Manual hand tools, razors; side arms; cutlery
Class 9	Measuring tool, Scientific apparatus, recording machines and equipment, electric equipment, photographic tools, data processing equipment, computers; system and technology for transmission or reproduction of sound, visual production equipment, etc.
Class 10	Dental equipment, veterinary products; surgical equipment, artificial limbs and related things; medical equipment, things related to eyes and teeth; suture; orthopedic items.
Class 11	Lighting apparatus, cooking, heating, refrigerating, steam generating, water supplying equipment, and sanitary purposes using tools; drying and ventilating mechanical equipment.
Class 12	Vehicles; moving products for land, water, or air.
Class 13	Explosives; firearms; fireworks; projectiles and ammunition.
Class 14	Precious metals, related alloys, products made from them; jewelry; chronometric, precious stones; horological instruments.
Class 15	All types of Instruments used to produce music
Class 16	Printed matter; Paper, stationery; cardboard, goods made from these materials; plastic materials for packaging; brushes; office supplies, typewriters and so on.
Class 17	Insulating materials; rubber, flexible pipes; asbestos, mica and goods made from all these materials; plastics, extruded plastics used in manufacturing industry; stopping, packing, and dispatching.
Class 18	Umbrellas, walking sticks; parasols, leather and leather-imitating things; trunks, hides, animal skins, and traveling bags; saddlery; whips, harness
Class 19	Building materials, (non-metallic), non-metallic rigid pipes used for building; non-metallic movable buildings asphalt, bitumen, pitch; monuments.
Class 20	Furniture, picture frames; mirrors, ivory, shell, whalebone, amber; goods of wood, bone, cork, mother-of-pearl, cane, reed, wicker, and horn.
Class 21	Unworked or semi-worked glass; Kitchen utensils; combs and sponges; earthenware, glassware, articles for cleaning purposes.
Class 22	Awnings, sails, sacks, tarpaulins, ropes, string, tents, nets, raw fibrous textile raw materials, padding and stuffing materials,(excluding rubber or plastics).
Class 23	Yarns and threads
Class 24	Textiles, Bed & table covers
Class 25	Clothing, footwear, headgear
Class 26	Ribbons and braid; buttons, artificial flowers; Lace and embroidery, pins and needles, hooks and eyes
Class 27	Rugs, Carpets, wall hangings (non-textile); linoleum, mats and matting.
Class 28	Games and playthings; decorations for Christmas trees, Gymnastic and sporting articles.
Class 29	Fish, Meat, poultry and game birds; meat extracts, preserved meat and fish; dried and cooked fruits and vegetables; edible oils, fats; jams, eggs, fruit sauces; milk and milk products.
Class 30	Tea, coffee, cocoa, sugar, rice, mustard, tapioca; vinegar; ice sago; spices; pastry, bread and confectionery, honey, ices; treacle; yeast, salt, and baking powder.
Class 31	Horticultural, Agricultural, and forestry products, grains; malt, foodstuffs for animals; fresh fruits and vegetables; live animals; seeds, natural plants and plants of flowers.
Class 32	Mineral and aerated waters, Beers, non-alcoholic drinks; fruit drinks, syrup, and fruit juices.
Class 33	Alcoholic beverages (excluding beers)
Class 34	Matches, Tobacco, smokers’ required articles
Trademark Classification of Services
Class 35	Advertising, business management, business administration, office functions.
Class 36	Financial affairs, Insurance, monetary affairs; real estate property related affairs.
Class 37	Building construction; repair; installation services.
Class 38	Tele Communications
Class 39	Transport; Travel Arrangement; Services related to packaging and Storage of goods.
Class 40	Treatment of materials
Class 41	Entertainment; Education; providing of training, sporting and cultural activities.
Class 42	Scientific and technological services; design related services, computer hardware development, industrial analysis and research services.
Class 43	Services for food and drink, Temporary accommodation.
Class 44	Horticulture, Medical services, forestry services; hygienic and beauty care; veterinary services, agriculture.
Class 45	Personal and social services furnished by others, security services for the protection of any property.

If you become confused about selecting the trademark class during the submission of the trademark registration form, you can contact Online Legal India, India’s most trusted company to solve all types of legal issues, including trademark registration, FSSAI registration, and other related services. Hence, don’t wait any longer, contact us now.

FAQs:

Q-1: What are the government fees related to major Trademark registrations?

A: There are different types of forms that an applicant has to file with due fees. They denote per-class fees for the application of trademark registration. The offline fees for filing the form would be higher than the online fees.

For filing a new application with the form TM-5, the fee is Rs. 2,500 per class.
The related forms are TM-1, 2, 3, 8, 51, etc., and related fees: Rs. 4000/-.
The trademark remains valid for 10 years. Hence, you have to apply for its renewal with a fee of Rs. 5,000 per class (form TM-12).
The surcharge for belated renewal with the application of form TM-10 is Rs. 3,000/-
Restoration of the trademark after removal is Rs. 5000/-, and the application would be with Form TM-13
The surcharge for renewal of registered trademark through the form TM-12 is with the fees of 5,000/-
The surcharge for belated renewal with the form TM-10 is Rs. 3,000/-
Restoration of the removed mark through the from TM-13 is Rs. 5,000/-
Any rectification of the registered trademark with form TM-26 is Rs 3,000/-.
The fee for a Legal certificate with the form TM-46 is Rs. 5,00/-
Copyright search with the request and issuance of the certificate through the form TM-60 is Rs 5,000/-.

Disclaimer: The information is collected from (https://ipindia.gov.in/faq-tm.htm). So, if any charges or fees are changed over time, Online Legal India is not responsible for it. It might be subject to change over time, according to the government policies.

Q-2:

How to select a good trademark for my business?

The trademark should be easy to speak, spell, or remember. A good trademark can be a great geometrical design, invented creative design, coined words, and more. A great logo designer can suggest more.

You should avoid geographical names, personal names, or surnames. This would show a monopoly of the name or surname. You can avoid it.

It is great to avoid praising words that describe the quality of goods and things, such as perfect, best, super, and so on.

It is advisable to contact the best legal team that can suggest you offer the most suitable logo or trademark that will help grow your business.

Q-3: Why is trademark essential?

What is the importance of a trademark?

Business is overwhelming all over the world. Under the modern business strategy, a trademark performs the following major four functions:

It identifies the goods and services and their source or origin
It shows the identity of the business and guarantees unchanged quality
It becomes the advertising mark for the service of goods of the business
It gradually creates the image of business, goods, or services

Q-4: Who can apply for trademark registration, and how?

Any entrepreneur or start-up business owner can apply for trademark registration, whatever logo or icon they are using. If they are not using any logo or icon, they can create something new, attractive, and easily remembered. You can contact Online Legal India to get one for your unique business.

The person may appoint a legal person to get everything completed on time without any fault. The application may be in Hindi or English, as well as through online or offline procedures.

The applicant can apply to the front office of the respective office near the applicant’s location. They can also send it by post or submit it online. E-filing portal is available on the official site of the government of India. (IP India Portal).

Q-5: Who Gets Benefits from a trademark?

A: When a businessperson has a trademark, and it is registered, their business is protected from any kind of copying of products or business logo.

Nobody can hamper the business's reputation. So a business becomes protected all around. No person can even imitate a registered logo for any personal intention as well.

The business person gets legal protection if any infringement of this business happens.

The government also earns revenue from the registration of trademarks and their renewals. But, more than that, businesspeople get fundamental protection from any infringement of their business.

The customers rely on a product as the trademark is registered under government policies. Hence, they will be prone to buy the product or access the service. Business people get the ultimate benefit by registering their trademarks. Their authenticity remains at its best and its highest.

The business entrepreneur can compete with the reputed and well-established companies of any location with the product or service.

Through the above discussion and the FAQs, you probably have a perfect idea about trademark classification in India and how to choose it. You have also received some related question-and-answer portions here. You can contact Online Legal India to learn more.