Trademark Classification in India

Trademark Classification in India

What is Trademark?

Trademark is protected under Trademarks Act, 1999. The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks.

Trademark is a sign, symbol or mark used to differentiate between the goods sold by two or more manufacturers. Once registered the registration gives the owner the right to protect their trademark. The manufacture of goods and services are grouped into different classes. Each class requires a different registration. 

What is Trademark Class?

Trademark classification is popularly known as classification of services and goods. There are several categories of trademark and they are classified into several classes. Trademark is segregated in 45 different classes according to the NICE classification which is also known as International Certification of Goods and Services. Among those 45 classes, 34 classes come under Goods section and 11 classes come under Services section. Each class shows a specific category of Goods and Services.

While applying for Trademark registration, it is necessary to choose the right class. Trademark search is done while selecting an appropriate class for your goods and services.

Trademark Classes List of Goods and Services:

Trademark classes of goods and services list are essential and are long enough. List of the Trademark classes is mentioned below:—

Trademark classes of Goods

Class 1. Any kind of Chemicals that are used in Industries, science or photography, even chemicals used in agriculture, horticulture and forestry, also the adhesives used in Industry, unprocessed plastics, chemical substances involved inedible substances.

Class 2. Any kind of paints or varnishes, any preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, even mordant and colorants.

Class 3. Substances used in laundry, also cleaning and polishing; and has chemical applications, soaps, perfumes, oils, any kind of cosmetics.

Class 4. All industrial greases and oils, any kind of lubricants, wetting or binding compositions, all fuels and candles and wicks.

Class 5. medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, preparations to destroy vermin.

Class 6. Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes and tubes and other small metal hardware, also ones are included

Class 7. Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs) and agriculture machines (hand operated not included).

Class 8. Hand tools, cutlery, razors, and side arms.

Class 9. Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, transmitting or reproduction of sound or images; any kind of magnetic data carriers or recording discs, vending machines(automatic) and any coin-operated apparatus; computers, cash registers, calculating machines and fire-extinguishing apparatus.

Class 10. Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth; Orthopedic articles also included.

Class 11. Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, sanitary or water supply related appliances and apparatus.

Class 12. Vehicles and apparatus for locomotion (in/by land, air or water).

Class 13. Fireworks, Firearms, Explosives, and ammunition (also projectiles).

Class 14. Any precious metal and its alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones; also chronometric instruments.

Class 15. Any Musical Instrument.

Class 16. Cardboard and paper; any goods made from them; printed matter, photographs and all stationary given that they are not included in any other classes, adhesives (at the household level), paint brushes, office requisites; teaching material (excluding any kind of apparatus), printing blocks and plastic material for packaging.

Class 17. Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, pipes (flexible and not made up of metals).

Class 18. Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.

Class 19. Non- metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.

Class 20. Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes, also plastics given that they are not included in any other class.

Class 21. Household utensils and containers (including kitchen), sponges and combs; brushes(excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; also earthenware.

Class 22. Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags (which are excluded from other classes); stuffing and padding materials; raw textile materials (fibrous).

Class 23. Threads and Yarns (textile use).

Class 24. Textile and their goods; bed covers and table covers.

Class 25. Footwear, clothing, and headgear.

Class 26. Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.

Class 27. Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile.

Class 28. Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.

Class 29. Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).

Class 30. Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.

Class 31. Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food product for animals.

Class 32. Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.

Class 33. Alcoholic drinks (excluding beers).

Class 34. Smoking articles, Tobacco, and matches.

Trademark classes of Services

Class 35. Business Management; advertising; business administration and other office functions.

Class 36. Financial affairs, Insurance; Monetary affairs; real estate affairs.

Class 37. Repair, Building construction, Installation Services.

Class 38. Telecommunications

Class 39. Packaging and storage of goods; Transport.

Class 40. Treatment of Materials.

Class 41. Providing training; Entertainment; sporting; Education and other cultural activities.

Class 42. Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.

Class 43. Services related to providing drinks and food or temporary accommodation.

Class 44. Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture, and forest services.

Class 45. Legal and security services; personal and social services.

So, it is important to ascertain the exact nature of goods or services for which the trademark is to be used. Filing the application in a wrong class would result in the trademark owner losing their rights to enforce their trademark rights in the event of an infringement.

Note: This Post was last updated on May 23, 2021

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. May 23, 2021. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning