October 16, 2019
5 min read
There are 45 Trademark Classes followed in India and Classes 1-34 represent goods and Classes 35-45 represent different services.
Building a brand is not easy- it requires creativity, the ability to implement an idea into a business and have an understanding of the requirements needed to protect a brand name. A startup, which is about to enter the large market pool is required to have all three, or get guidance for the same. Having the creativity and ability to implement the idea is fairly easier as compared to the handling the formalities and processes for its protection which comes in the form of Trademark.
Trademark is an Intellectual Property of the business that provides protection to the word, logo, symbol, picture, image, slogan, etc. used by the startup as its brand identity. The main purpose of obtaining a Trademark is to indicate the source of their goods or services and to distinguish them from others in the industry.
When it comes to getting a Trademark Registration in India, the first step is to perform a Trademark name search and ensure that the mark is not already registered by someone else. This helps in preventing any form of unintentional Trademark infringement and making sure that the Trademark Registration application gets approved with flying colours.
The best Trademark consultants in India also state that the next important thing to do is to understand the Class under which the goods or services for which the mark is used falls. Trademark Classification in India divides more than 1 lakh products and services under different categories and assigns each of the category of goods or services with a Trademark Class.
In India, there are 45 Trademark Classes followed as per the International Standards and Classes 1-34 lay down the TM Classes that represent goods and Classes 35-45 lay down the TM Classes that represent different services.
Here are 34 Trademark Classes under which different kinds of goods are segregated. It is important to understand the Trademark Class and file the TM registration application under the applicable classes only.
Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists
Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8. Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials
Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes
Class 12. Vehicles; apparatus for locomotion by land, air or water
Class 13. Firearms; ammunition and projectiles; explosives; fireworks
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Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments
Class 15. Musical instruments
Class 16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paintbrushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks
Class 17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except rubber or plastics); raw fibrous textile materials
Class 23. Yarns and threads, for textile use
Class 24. Textiles and textile goods, not included in other classes; bed and table covers.
Class 25. Clothing, footwear, headgear
Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)
Class 28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt
Class 32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33. Alcoholic beverages(except beers)
Class 34. Tobacco, smokers’ articles, matches
Classes 35-45 lay down the different services for which a startup can obtain a Trademark registration in India. If a registration application is filed with a wrong TM class, the Trademark Registrar raises and objection and the applicant is required to send a Trademark Objection reply for the same.
Class 35. Business Management; advertising; business administration and other office functions.
Class 36. Financial affairs, Insurance; Monetary affairs; real estate affairs.
Class 37. Repair, Building construction, Installation Services.
Class 38. Telecommunications
Class 39. Packaging and storage of goods; Transport.
Class 40. Treatment of Materials.
Class 41. Providing training; Entertainment; sporting; Education and other cultural activities.
Class 42. Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.
Class 43. Services related to providing drinks and food or temporary accommodation.
Class 44. Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture, and forest services.
Class 45. Legal and security services; personal and social services.
Understanding the different Trademark Classes and knowing under which class the goods or services of a business fall is essential to successfully register a Trademark in India. SeekWiser’s Trademark Consultants can guide startups on the different Trademark Classes in India along with the Trademark registration process.
Give us a call at +91-7827886239 or send us an email at firstname.lastname@example.org to get end-to-end guidance on your Trademark registration process.
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