Intellectual PropertyTrademarks

Trademark Classes in India for Products & Services

There are numerous instances of two brands using the same name. For example, a famous tea brand and a renowned chain of hotels have shared the name Taj in their names? So, what is the point of registering a trademark?

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Trademarks of goods and services are grouped into different classes. Each class requires a different registration. However, there are times when a trademark can be extremely generic.  For example, Facebook owns the trademark of the word ‘Face’ in several countries. Is this something that the North Face footwear brand should be concerned about? If not? Why? This is due to the fact that the governments categorise all trademark registrations according to different classes (i.e. the industry you operate within).

This implies that Facebook only owns the rights to the trademark ‘face’ within the telecommunications sector, which means that another social network or messaging app cannot use the term ‘face’ in their name. But a footwear brand can. 

While large brands often register their name in each of the 45 classes that follow, smaller brands do so only in sectors they are already in or have plans to enter into.

Trademark Classes

The International (Nice) Classification of Goods and Services has categorised various services and items into 45 trademark classes, with 1 to 34 covering goods and 35 to 45 covering services. This classification is used by the Indian Trademark Registry as well to categorise trademarks.

As each class represents a specific product and service category, you have to choose the correct class for your mark. Only if you have chosen the correct category of the goods and services for your mark, will you be able to proceed with the process.

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Trademark Classification of Goods

  1. If it is a finished product, then its purpose or function is dependent on the category. If you don’t mention its function then the customer can compare it with other comparable finished items. And when it is not feasible, the applicant may categorise the goods on the basis of the material from which they are made or their mode of use.
  2. When it comes to finished multi-purpose goods, classification is based on their functions. If the function is not there, you can then classify the goods according to the material item from which the product is made or its mode of operation.
  3. When it comes to untouched or semi-worked raw materials, they are categorised according to the type of material they consist of.
  4. If a product is made using different materials, then you can grade it according to its content. In concept, any good which is included as a part of another product is categorised in the very same class as that product. This is applicable when we can’t use the said goods for any other purposes.
  5. In all other cases, the first point mentioned above prevails.

Classes of Goods:

01: Chemicals 

02: Paints, coatings & pigments 

03: Cleaning products, bleaching & abrasives, cosmetics 

04: Fuels, industrial oils and greases, illuminates 

05: Pharmaceutical, veterinary products, dietetic 

06: Metals, metal castings, locks, safes, hardware 

07: Machines and machine tools, parts 

08: Hand tools and implements, cutlery 

09: Computers, software, electronic instruments, & Scientific appliances 

10: Medical, dental instruments, and apparatus 

11: Appliances, lighting, heating, sanitary installations 

12: Vehicles 

13: Firearms, explosives, and projectiles 

14: Precious metalware, jewellery 

15: Musical instruments and supplies 

16: Stationery items, paper, items made of paper, 

17: Rubber, asbestos, plastic items 

18: Leather and substitute goods 

19: Construction materials (building – non-metallic) 

20: Furniture, mirrors 

21: Crockery, containers, utensils, brushes, cleaning implements 

22: Cordage, ropes, nets, awnings, sacks, padding 

23: Yarns, threads 

24: Fabrics, blankets, covers, textile 

25: Clothing, footwear, and headgear 

26:  Fancy goods, sewing notions, lace, and embroidery 

27: Carpets, wall, linoleum, and floor coverings (non-textile) 

28: Games, toys, sports equipment 

29: Foods – fish, meat, dairy, processed & preserved foods 

30: Foods – bakery goods, ice, spices, confectionery 

31: Fresh fruit & vegetables, live animals 

32: Beer, ales, soft drinks, carbonated waters 

33: Wines, spirits, liqueurs 

34: Tobacco, smokers requisites & matches

Trademark Classification of Services

  1. The key basis for categorising services is based on the divisions of activity listed in the headings of the service class and the explanatory notes thereof. And if that is not the case, then other resources listed in the Alphabetical List can be used to do so.
  2. Also, in the case of any rental services, you can classify them in the same class as the ‘services rendered by rented objects.’
  3. You can categorise any service offering advice, information, or consultation into the same class as in matters relating to advice, information, or consultation.

Classes of Services

35: Advertising, business consulting 

36: Insurance, financial 

37: Construction, repair, cleaning 

38: Communications 

39: Transport, utilities, storage, & warehousing 

40: Materials treatment, working 

41: Education, amusement, entertainment, reproduction 

42: Scientific and technological services along with the research and related design

43: Services for supplying food and drink; also includes the offering of temporary accommodations 

44: Veterinary services; medical services; hygienic and beauty care for human beings as well as animals 

45: Personal and social services that are provided by others to serve a specific individual needs

The Takeaway

Vakilsearch offer’s world-class trademark registration services. When you trademark with us you trademark with ease. Partner with our experts and get your trademark in no time!

Click here: Register Trademark

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