Trademark Classification in India
Trademark application is made under 45 different classes as per the NICE classification for trademark. Each of the trademark class represents a distinct set of goods and services. While filing a trademark application, the class of goods and services to which the trademark pertain must be mentioned in the application. It is important to choose the right class of trademark while filing the application as wrong classification of trademark could hamper the trademark registration process and/or diminish the legal protection for the mark under the Trademark Act.
Trademark application can be filed in more than one class, if the activity of the business involves diverse goods or services falling under different trademark classifications. Further, even if a registered trademark exists under one class, another entity can file a trademark application for the same mark under a different class. Hence, filing of trademark application under one class does not provide complete exclusivity over use of the mark
Product ("Goods") Classes:
Class 1 :
Chemicals Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry.
Class 2 :
Paints Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists.
Class 3 :
Cosmetics & cleaning preparations Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices.
Class 4 :
Oil & Lubricants Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels- including motor spirit and illuminants; candles, wicks.
Class 5 :
Pharmaceuticals Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides.
Class 6 :
Metal Goods Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7 :
Machinery Machines and machine tools; motors and engines- except for land vehicles; machine coupling and transmission components- except for land vehicles; agricultural implements other than hand-operated; incubators for eggs.
Class 8 :
Hand Tools Hand tools and implements- hand-operated; cutlery; side arms; razors.
Class 9 :
Scientific & Electrical Equipment, Computers Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking- supervision, life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Class 10 :
Medical Equipment Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
Class 11 :
Lighting Equipment Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.
Class 12 :
Vehicles Vehicles; apparatus for locomotion by land, air or water.
Class 13 :
Firearms Firearms; ammunition and projectiles; explosives; fire works.
Class 14 :
Jewellery Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments.
Class 15 :
Musical Instruments Musical instruments.
Class 16 :
Stationery & Printed Matter Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites- except furniture; instructional and teaching material- except apparatus; plastic materials for packaging- not included in other classes; playing cards; printers’ type; printing blocks.
Class 17 :
Rubber Goods & Flexible Pipes Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18 :
Leather Goods Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19 :
Non-Metallic Building Materials & Rigid Pipes Building materials,- non-metallic, non-metallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
Class 20 :
Furniture & related goods Furniture, mirrors, picture frames; goods- not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21 :
Household Items Household or kitchen utensils and containers(not of precious metal or coated therewith; combs and sponges; brushes(except paints brushes; brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass- except glass used in building; glassware, porcelain and earthenware not included in other classes.
Class 22 :
Ropes & related items Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags- not included in other classes padding and stuffing materials(except of rubber or plastics; raw fibrous textile materials.
Class 23 :
Yarns & Threads Yarns and threads, for textile use.
Class 24 :
Textiles (Fabrics) Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 :
Garments & Footwear Clothing, footwear, headgear.
Class 26 :
Fancy Goods Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27 :
Floor coverings Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangingsnon-textile.
Class 28 :
Toys & Sporting Articles Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29 :
Meats & Processed Foods Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Class 30 :
Tea, Coffee & cereals preparations Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces,- condiments; spices; ice.
Class 31 :
Fruits, Flowers, Vegetables & Agricultural Products Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32 :
Light Beverages Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33 :
Wine and spirits Alcoholic beverages- except beers.
Class 34 :
Smokers’ articles Tobacco, smokers’ articles, matches. Trademark Classification of Services
Class 35 :
Advertising, business, retailing and online services Advertising, business management, business administration, office functions.
Class 36 :
Real estate, insurance and financial Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37 :
Building construction and repair Building construction; repair; installation services.
Class 38 :
Broadcasting and telecommunications Telecommunications.
Class 39 :
Transportation & Travels Transport; packaging and storage of goods; travel arrangement.
Class 40 :
Treatment of Materials Treatment of materials.
Class 41 :
Education & Entertainment Education; providing of training; entertainment; sporting and cultural activities.
Class 42 :
Design & Development Of Software & Hardware Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43 :
Restaurants & Hotel Services for providing food and drink; temporary accommodation.
Class 44 :
Medical, Beauty & Agricultural Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45 :
Legal, Social & Security Services Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
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