Trademark Classification
Nice Classification System
A trademark may be registered in 45 classes based on its prior usage of goods or services in the respective category. The Nice Classification System is followed worldwide for trademark classification. A Proper selection of trademark class is essential. Call us for assistance on TM Classification.
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Trademark Classification Overview
For the purpose of trademarking, the goods and services are categorized into 45 classes per the International classification system, also known as the Nice Classification System. Out of 45 classes, classes 1 to 34 are listed concerning goods, and 35 to 45 are marked for services. The significance of the trademark class is such that the protection upon trademark registration is limited to the items of that particular class, that too only concerning the items mentioned at the time of registration and for which the owner/applicant has a bona fide claim or usage history.
The team setindiabiz provides expert guidance and support while deciding the appropriate class under which the trademark application is being filed. Please note that the classification is of supreme importance and should be attempted carefully.
Important Points
- There are 45 Trademark Classes
- Classes 1–34 cover goods,
- Class 35–45 are for services.
- Trademark protection is class-specific.
- Setindiabiz helps in class selection.
Trademark Classification in India
Trademark Classification is an essential prerequisite for Trademark Application in India. It basically involves identifying and classifying the goods and / or services for which the particular Trademark is intended to be used. For instance, if “Amul” is the proposed Trademark, we know that it is intended to be used for milk and dairy products. Trademark Classification is probably the very first step for Trademark Registration and even Trademark Search is conducted on the basis of it.
The Trademark Classification system is important because it ensures that similar trademarks do not get registered under the same class of goods or services, thereby helping prevent confusion among customers who consume such goods / services and protecting the IPR rights of the trademark owner against any potential infringement.
The Nice Classification
The Indian Trademark Classification system is based on the Nice Classification, which is an international system for the classification of goods and services. The Nice Classification system is divided into 45 classes – 1 to 34 for goods and 35 to 45 for services. Each class represents a specific type of product or service.
Trademark Classification for Goods (Class 1 to 34)
A correct trademark classification is essential. Check the appropriate class from the table of classes 1 to 34 for goods.
Class | Description |
---|---|
1 | Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; adhesives for use in industry; compost, manures, fertilizers; biological preparations for use in industry and science. |
2 | Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art. |
3 | Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations. |
4 | Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting. |
5 | Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. |
6 | Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes. |
7 | Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines. |
8 | Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors. |
9 | Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus. |
10 | Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles. |
11 | Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes. |
12 | Vehicles; apparatus for locomotion by land, air or water. |
13 | Firearms; ammunition and projectiles; explosives; fireworks. |
14 | Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments. |
15 | Musical instruments; music stands and stands for musical instruments; conductors' batons. |
16 | Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks. |
17 | Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes and hoses, not of metal. |
18 | Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals. |
19 | Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal. |
20 | Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber. |
21 | Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain and earthenware. |
22 | Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor. |
23 | Yarns and threads, for textile use. |
24 | Textiles and substitutes for textiles; household linen; curtains of textile or plastic. |
25 | Clothing, footwear, headwear. |
26 | Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair. |
27 | Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings, not of textile. |
28 | Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees. |
29 | Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; oils and fats for food. |
30 | Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice [frozen water]. |
31 | Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and beverages for animals; malt. |
32 | Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other non-alcoholic preparations for making beverages. |
33 | Alcoholic beverages; alcoholic preparations for making beverages. |
34 | Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles; matches. |
TM Classification for Services
The services are categorised between class 35 to 45 of the nice classification for trademark purposes.
Class | Description |
---|---|
35 | Advertising; business management; business administration; office functions. |
36 | Insurance; financial affairs; monetary affairs; real estate affairs. |
37 | Building construction; repair; installation services. |
38 | Telecommunications. |
39 | Transport; packaging and storage of goods; travel arrangement. |
40 | Treatment of materials. |
41 | Education; providing of training; entertainment; sporting and cultural activities. |
42 | Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software. |
43 | Services for providing food and drink; temporary accommodation. |
44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. |
45 | Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals. |
Frequently
Asked
Questions
Frequently Asked Questions
A trademark classification is a process of categorizing trademarks into pre-defined specific classes based on the main business nature relating to goods or services for organizing and distinguishing trademarks, ensuring a clear and standardized approach to their protection via Trademark Registration.
We follow the NICE classification system for Trademark Classification in India. This system is widely accepted and used across several jurisdictions worldwide, including India, for classifying trademarks into specific classes of goods and services. It contains a total of 45 classes, out of which the first 34 (Classes 1 to 34) are meant for goods and the last 10 (Classes 35 to 45) are meant for services.
Trademark classification in India should ideally be done before conducting the trademark search and filing the trademark application. It is an essential step in the early stages of the registration process. Conducting a classification trademark before the trademark search allows for a more focused and targeted search.
Defining classes is one of the most essential parts of your Trademark Registration process. Protecting your trademark won’t work properly if the trademark applicant fails to choose the right class of trademark as per their business sector. Choosing the right trademark class can help fulfil the core purpose of your trademark registration.
The NICE classification system is internationally recognized and widely used for trademark classification. It ensures a standardized approach to Trademark Classification worldwide.