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.

Classes for Goods :

• Class 1 : Chemicals used in industry, science, and photography
• Class 2 : Paints, varnishes, and lacquers
• Class 3 : Cosmetics and cleaning preparations
• Class 4 : Industrial oils and greases
• Class 5 : Pharmaceuticals and veterinary preparations
• Class 6 : Metals and metal goods
• Class 7 : Machinery and machine tools
• Class 8 : Hand tools and implements
• Class 9 : Scientific, nautical, and surveying apparatus
• Class 10 : Medical and surgical instruments and apparatus
• Class 11 : Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, and water supply
• Class 12 : Vehicles and apparatus for locomotion by land, air, or water
• Class 13 : Firearms and explosives
• Class 14 : Precious metals and their alloys, jewellery, and watches
• Class 15 : Musical instruments
• Class 16 : Paper and paper goods
• Class 17 : Rubber goods
• Class 18 : Leather and imitations of leather
• Class 19 : Building materials (non-metallic)
• Class 20 : Furniture and articles not otherwise classified
• Class 21 : Household and kitchen utensils
• Class 22 : Cordage and fibres
• Class 23 : Yarns and threads
• Class 24 : Textiles and textile goods
• Class 25 : Clothing, footwear, and headgear
• Class 26 : Lace and embroidery, ribbons and braid
• Class 27 : Carpets, rugs, and mats
• Class 28 : Games and playthings
• Class 29 : Meats and processed foods
• Class 30 : Staple foods
• Class 31 : Natural agricultural products
• Class 32 : Beers, non-alcoholic beverages, and fruit juices
• Class 33 : Alcoholic beverages (except beers)
• Class 34 : Tobacco and smokers’ articles

Classes for Services :

• Class 35 : Advertising and business services
• Class 36 : Insurance and financial services
• Class 37 : Building and construction services
• Class 38 : Telecommunications services
• Class 39 : Transportation and storage services
• Class 40 : Treatment of materials services
• Class 41 : Education and entertainment services
• Class 42 : Scientific and technological services
• Class 43 : Food and drink services
• Class 44 : Medical and beauty services
• Class 45 : Legal and security services