Trademark Classification in India

When you’re registering a trademark in India, you must specify what you’re protecting—like what goods or services your mark applies to. To keep things orderly and consistent, India uses the Nice Classification system, a globally recognized framework maintained by WIPO. It’s the backbone of how classes are assigned during the application process.

1. What Is the Nice Classification?

This system breaks down all possible goods and services into 45 classes:

• Classes 1 to 34 cover goods (products that are sold or manufactured).

• Classes 35 to 45 apply to services (activities offered to the public).

India officially adopted the 10th edition, aligning the classes with WIPO’s latest standards.

2. Why It Matters

Proper classification is more than just formality—it’s strategic. Filing under the correct class ensures your application is properly examined and helps safeguard your exclusive rights in that space.

As the Supreme Court pointed out in Nandhini Deluxe v. Karnataka Coop Milk Federation (2018), even visually distinct marks may avoid confusion if they relate to different classes.

3. How India’s Classification Evolved

Originally, service-related marks fell under Class 42, a catch‑all category. But in 2010, Classes 43, 44, and 45 were carved out to mirror the global system more accurately:

• Class 43 – Food & drink services and temporary accommodation.

• Class 44 – Medical, veterinary, beauty care services, and more.

• Class 45 – Legal, security, and personal services.

This realignment helped make the system more precise and intuitive.

4. Pick the Right Class—Because It Counts

Here’s what each class range broadly covers:

• Goods (1–34): From chemicals (Class 1), machinery (Class 7), to toys (Class 28), and food items (Class 29–30).

• Services (35–45): From advertising and education (Class 35 & 41) to legal and security (Class 45).

Filing under the appropriate class is essential—misclassification can weaken your legal footing and hinder enforcement.