Trademark Classes in India — Which Class Should You Register Under?
India uses the Nice Classification with 45 trademark classes — 34 for goods and 11 for services. Filing in the wrong class means your brand is unprotected in your actual business. Here is how to choose correctly.
Why Trademark Classes Matter
A trademark registration only protects you in the specific class (or classes) you register under. If you register your brand name in Class 25 (clothing) and someone else uses the same name for a software company (Class 42), you generally cannot stop them — because your registration does not cover their class.
This is why it is critical to identify all classes relevant to your current and future business before filing.
Most Relevant Classes for Indian Startups
| Class | Covers | Best For |
|---|---|---|
| Class 35 | Business services, advertising, retail, market research | E-commerce, retail, consulting, aggregator platforms |
| Class 42 | Technology, software, SaaS, IT services, research | Tech startups, software companies, IT firms |
| Class 41 | Education, entertainment, training, publishing | EdTech, online courses, media companies |
| Class 44 | Healthcare, medical services, beauty services | HealthTech, clinics, wellness brands |
| Class 38 | Telecommunications, internet services, messaging | Telecom, internet platforms, communication apps |
| Class 36 | Financial services, insurance, real estate | FinTech, NBFCs, insurance platforms |
| Class 25 | Clothing, footwear, headgear | Fashion brands, apparel companies |
| Class 30 | Food and beverages (processed) | Food brands, packaged food, beverages |
| Class 5 | Pharmaceuticals, medical preparations | Pharma companies, nutraceuticals |
Pro Tip: Most businesses need to register in more than one class. An e-commerce company may need Classes 35 (retail services) and 42 (technology platform). A food brand may need Classes 30 (food products) and 35 (retail services).
Should You Register in Multiple Classes?
Yes, if your business operates across multiple categories. Each class requires a separate filing fee, but the protection you gain is worth it. Some businesses register in 3-5 classes to cover their entire product and service portfolio.
A brand like a health and wellness startup might register in: Class 5 (supplements/pharmaceuticals), Class 44 (healthcare services), Class 35 (retail), Class 41 (wellness education) and Class 3 (cosmetics/personal care).
Filing for Future Plans
You can register in a class you intend to enter in the future — but you must start commercial use in that class within a reasonable period or risk the registration being challenged for non-use. It is generally wise to register in all classes where you have genuine business intentions within the next 3-5 years.
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