Choosing the right trademark class is one of the most important steps in securing your brand identity—yet it’s also one of the most confusing for business owners. India uses the globally recognized Nice Classification System, which divides goods and services into 45 trademark classes.
Selecting the wrong class can lead to objections, weak legal protection, and even rejection. This detailed, SEO-optimized guide will help you choose the correct trademark class confidently and avoid unnecessary “class confusion.”
What Is a Trademark Class? (Simple Explanation)
A trademark class identifies the category of product or service for which you want trademark protection. It helps the Registry and the public understand what your brand represents.
- Classes 1–34 cover goods
- Classes 35–45 cover services
Examples:
- Clothing → Class 25
- Cosmetics → Class 3
- Software → Class 9 and Class 42
- Retail & ecommerce → Class 35
- Food items → Class 30
- Restaurants → Class 43
Your trademark is legally protected only for the class(es) you choose.
Why Selecting the Right Trademark Class Matters
1. Defines Your Legal Protection
Your trademark will protect your brand only in the class(es) selected. Choosing incorrectly creates gaps that competitors can exploit.
2. Reduces Objections From the Trademark Registry
Many objections arise due to poor classification. Correct classes help the application move smoothly.
3. Saves Money and Avoids Refiling
Incorrect class selection leads to refiling applications, which increases time and cost.
4. Helps You Compete With Confidence
Proper class coverage prevents competitors from registering similar marks in your category.
5. Supports Future Expansion
If you plan to expand your product or service line, correct and strategic class selection ensures broader protection.
Common Mistakes Business Owners Make
1. Filing Based on Guesswork
Many businesses file applications without understanding the classification system.
2. Using Only One Class
Businesses often need multiple classes to cover all products and services offered.
3. Copying Competitors
Not all competitors have filed correctly. Your model might be different, so blindly copying can mislead you.
4. Confusing Goods and Services
Example:
Selling packaged coffee → Class 30
Running a coffee shop → Class 43
Though related, they fall into different categories.
5. Ignoring Future Growth
If you plan to launch new lines later, file in advance to avoid future legal issues.
How to Choose the Right Trademark Class
Step 1: Identify What You Sell or Provide
List all products or services you currently offer.
Step 2: Identify Future Plans
Think about what you may launch in the next 1–3 years.
Step 3: Match Activities With the 45 Trademark Classes
A simple breakdown:
- Goods → Classes 1–34
- Retail/business activities → Class 35
- Software/apps → Class 9 & Class 42
- Food/beverage → Class 30, 31, 32
- Hospitality → Class 43
- Education → Class 41
- Healthcare → Class 44
Step 4: Decide If Multiple Classes Are Needed
Most modern businesses require multi-class filing.
Example:
A beauty brand with an online store should file in:
- Class 3 (Cosmetics)
- Class 35 (Retail/online store)
Step 5: Take Professional Help
Experts review class headings, descriptions, registry databases, and similar marks. This prevents objections and strengthens your brand.
Examples of Trademark Class Selection for Different Business Types
Clothing & Fashion Brand
- Class 25: Clothing, footwear
- Class 35: Retail & online fashion store
- Class 24: Fabrics (if manufacturing)
Cosmetics & Beauty Brand
- Class 3: Cosmetics and skincare
- Class 35: Online beauty retail
- Class 5: Medicated skincare products (optional)
Ecommerce Seller / Online Store
- Class 35: Online retail services
- Additional product-specific class depending on items sold
Software & IT Company
- Class 9: Downloadable software/apps
- Class 42: Software development and IT services
- Class 38: Platforms that involve communication
Restaurant, Café, Cloud Kitchen
- Class 43: Food and drink service
- Class 30: Packaged food items
- Class 32: Beverages
Consequences of Choosing the Wrong Trademark Class
Choosing the wrong class can result in:
- Trademark objection
- Application rejection
- Loss of government fees (non-refundable)
- Weak legal protection
- Limited ability to act against infringers
- Need for refiling (causing delays of up to a year)
Accurate classification ensures full and enforceable protection.
Checklist to Avoid Class Confusion
Use this checklist before filing:
- Have you reviewed all 45 classes?
- Have you matched each product/service correctly?
- Have you considered future expansion?
- Have you determined if multiple classes are needed?
- Have you verified class headings from official sources?
- Have you conducted a trademark search?
A clear understanding at this stage prevents complications later.
Frequently Asked Questions
Can I file under multiple trademark classes?
Yes. You can file your trademark in as many classes as needed.
Can I add a class later?
No. You must file a new application for the additional class.
Is filing under more classes expensive?
Each class has its own government fee, but it gives broader protection.
What if I choose the wrong class?
The application may face objection or rejection, and your brand remains legally weak.
Are trademark classes the same worldwide?
Yes, most countries—including India—use the Nice Classification System.
Choosing the correct trademark class is a critical step in protecting your brand. It affects your legal protection, your ability to enforce rights, and your future business plans. By understanding your products, services, and expansion goals, you can select the perfect trademark classes and ensure strong, long-term protection for your business.