Picking the wrong trademark class is one of the easiest, and costliest, mistakes a business can make. File in the wrong class and your registration may protect nothing you actually sell; file in too few and you leave the door open for competitors. This guide explains how India's trademark class system works and helps you identify exactly which class (or classes) your business needs.
What is a trademark class?#
When you register a trademark in India, you don't protect the name everywhere for everything; you protect it for a specific category of goods or services. Those categories are called classes, and India follows the international NICE Classification, which divides all goods and services into 45 classes:
- Classes 1–34 cover goods (physical products).
- Classes 35–45 cover services.
Your trademark rights are tied to the class you register in. So "DELTA" could, in principle, be registered by an airline (services) and an unrelated tap manufacturer (goods) without conflict, because they operate in different classes and markets.
Why the right class matters so much#
The class you choose determines the scope of your protection. Three things follow from that:
- Enforcement: you can only stop others from using a similar mark within (or closely related to) your registered class.
- Cost: government fees are charged per class, so every extra class adds to the bill.
- Objections: filing in a class with an existing similar mark triggers a Section 11 objection. Choosing carefully reduces that risk.
If you're unsure how registration flows from here, our complete trademark registration guide walks through the full process.
The most common trademark classes (with examples)#
Most businesses only ever need a handful of classes. Here are the ones we file most often, with plain-English examples:
| Class | Covers | Typical examples |
|---|---|---|
| 3 | Cosmetics & cleaning | Soaps, perfumes, skincare, detergents |
| 5 | Pharmaceuticals | Medicines, supplements, sanitary preparations |
| 9 | Tech & electronics | Software, mobile apps, computers, downloadable content |
| 25 | Clothing | Apparel, footwear, headgear |
| 29 | Foods (processed) | Meat, dairy, packaged/preserved foods |
| 30 | Staple foods | Coffee, tea, spices, bakery, snacks |
| 32 | Beverages | Mineral water, soft drinks, juices |
| 35 | Business & retail | Advertising, marketing, e-commerce & retail services |
| 41 | Education & entertainment | Training, coaching, events, content creation |
| 42 | Tech services | Software development, SaaS, IT & design services |
| 43 | Food & hospitality | Restaurants, cafés, hotels, catering |
| 44 | Medical & beauty | Clinics, salons, wellness, agriculture services |
A note on tech businesses#
Software is a classic trap. A downloadable app or packaged software sits in Class 9, but the service of developing software / running a SaaS platform sits in Class 42. Many tech startups need both. If you also sell subscriptions or run an online marketplace, Class 35 may apply too.
A note on food & beverage businesses#
If you run a restaurant brand that also sells packaged products, you may need Class 43 (the restaurant service), plus Class 30 or 29 (the packaged food), plus Class 32 (bottled drinks). Each is a separate class with a separate fee.
How to choose the right class for your business#
Work through these questions:
- What do you actually sell, a product or a service? Products fall in 1–34; services in 35–45.
- What is your core offering today? Start with the class that captures your primary revenue.
- What will you realistically expand into? If a new product line is genuinely on your roadmap, consider filing for it now to lock in priority.
- Do you sell through your own platform or retail? Online retail and marketplace services usually need Class 35.
- Is your logo artwork original? Consider pairing your wordmark with copyright protection for the design itself.
Rule of thumb: register for what you sell now plus what you're seriously planning, not for all 45 classes "just in case." Over-filing is expensive and the marks can be cancelled for non-use.
Single-class vs multi-class applications#
Under the Trade Marks Rules, 2017, a single TM-A form can cover multiple classes in one application. You still pay the government fee per class, but it keeps your filing tidy under one application number. This is ideal for businesses whose offering naturally spans goods and services.
Example class combinations by business type#
| Business | Likely classes |
|---|---|
| Clothing/fashion brand | 25 (apparel) + 35 (retail) |
| SaaS / tech startup | 42 (software dev) + 9 (app) + 35 (online services) |
| Restaurant / cloud kitchen | 43 (food service) + 30 (packaged food) |
| Skincare / cosmetics brand | 3 (cosmetics) + 35 (retail) |
| Education / coaching | 41 (education) + 9 (e-learning content) |
| Clinic / wellness centre | 44 (medical/beauty) + 35 (admin/marketing) |
Frequently asked questions#
Can one trademark be registered in multiple classes?#
Yes. You can file a single multi-class application, paying the government fee for each class included.
How much does each additional class cost?#
Government fees are charged per class: roughly ₹4,500 per class for individuals/startups/MSMEs and ₹9,000 for companies (e-filing), plus professional fees. See our registration guide for the full fee table.
What if I pick the wrong class?#
You generally cannot simply "move" a mark to another class after filing; you'd usually need to file afresh in the correct class, losing your original filing date. This is exactly why a proper class assessment up front matters.
Does one class protect me everywhere in India?#
Yes, registration is nationwide, but only for the goods/services in your chosen class(es).
Choosing classes is part strategy, part technical knowledge of the NICE system, and it directly shapes how strong your protection really is. Our experts assess your business and recommend the precise classes you need before a single rupee is spent on filing. Explore our trademark registration service or get a free consultation to map out your ideal class strategy.