When you file a trademark application in India, you must choose one or more classes from a list of 45. Choose correctly and your brand is protected in the exact commercial space where you operate. Choose incorrectly and a competitor can use an identical mark in a class you did not register — legally, and with nothing you can do about it.
Class selection is not a formality. It is the decision that defines the scope of your protection. And yet it is the most commonly botched step in trademark filing — wrong class, objection raised, refiling required, new fees paid, and six months of priority date lost.
This guide covers the full list of all 45 trademark classes under the Nice Classification as adopted in India, the important 2026 updates under the 13th Edition, how to identify the right class for your business, and the most common mistakes to avoid.
What Is the Nice Classification System?
India classifies trademarks using the Nice Classification — an international system established by the Nice Agreement of 1957 and administered by the World Intellectual Property Organization (WIPO). It is currently used by over 150 countries worldwide.
Under Section 7 of the Trade Marks Act, 1999, the Registrar classifies goods and services in accordance with the International Classification of Goods and Services. Rule 22 of the Trade Marks Rules, 2017 confirms that India follows the current edition of the Nice Classification published by WIPO.
The system divides all goods and services into 45 classes:
- Classes 1–34 cover goods (physical products, raw materials, manufactured items)
- Classes 35–45 cover services (intangible commercial activities)
Each trademark application must specify the class or classes being applied for. A trademark registered in one class does not automatically protect the mark in any other class. This is the core principle that makes class selection strategically critical — not just procedurally necessary.
Important 2026 update: The 13th Edition of the Nice Classification became effective on 1 January 2026. Key changes include:
- AI services are now formally codified in Class 42 with dedicated terminology — AI-as-a-Service, AI software development
- Contact lenses have moved from Class 9 to Class 10 (medical devices)
- Essential oils are now classified by intended use — Class 1 for industrial, Class 3 for fragrance, Class 30 for food flavourings
- Smart glasses with computing as the primary function remain in Class 9; corrective eyewear moves to Class 10
- Notary services have been formally assigned to Class 45
Applications filed before 1 January 2026 are assessed under the 12th Edition. The 13th Edition applies to all new applications filed from that date.
All 45 Trademark Classes — Complete List
Goods Classes (Classes 1–34)
Class 1 — Chemicals Industrial chemicals, chemicals used in photography, agriculture, horticulture and forestry, unprocessed plastics and synthetic resins, fertilisers, fire extinguishing compositions, adhesives for industry. Typical applicants: Chemical manufacturers, agricultural input companies, industrial adhesive brands
Class 2 — Paints and Coatings Paints, varnishes, lacquers, preservatives against rust and wood decay, colorants, dyes, tints, mordants, natural resins, metallic powders and foils for artists and decorators. Typical applicants: Paint companies, wood treatment brands, art supply manufacturers
Class 3 — Cosmetics and Cleaning Products Non-medicated toiletries, perfumery, essential oils for cosmetic use, cosmetics, hair care products, soaps, cleaning and laundry preparations, bleaching preparations. Typical applicants: Beauty brands, skincare companies, haircare brands, cleaning product manufacturers
Class 4 — Fuels and Lubricants Industrial oils and greases, lubricants, fuels including motor fuels, illuminants, candles, wicks. Typical applicants: Petroleum companies, automotive lubricant brands, candle manufacturers
Class 5 — Pharmaceuticals Pharmaceuticals, medical and veterinary preparations, sanitary preparations, dietary food supplements, plasters and bandaging materials, disinfectants, pesticides, herbicides. Typical applicants: Pharmaceutical companies, dietary supplement brands, medical consumable manufacturers
Class 6 — Metal Goods Common metals and their alloys, metal building and construction materials, transportable buildings of metal, non-electric cables and wires of common metal, hardware, pipes and tubes of metal, safes. Typical applicants: Steel manufacturers, hardware brands, metalwork companies
Class 7 — Machinery and Machine Tools Machines, machine tools, motors and engines (other than for vehicles), machine coupling and transmission components, agricultural implements, incubators for eggs, automatic vending machines. Typical applicants: Industrial machinery manufacturers, agricultural equipment brands, engine manufacturers
Class 8 — Hand Tools Hand tools and implements, cutlery, bladed weapons, razors, electric shavers. Typical applicants: Tool brands, cutlery manufacturers, shaving product companies
Class 9 — Electronics and Technology Products Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; computer hardware; computer software; downloadable digital content; smart glasses and wearables with computing as primary function; batteries and electric accumulators; magnetic and optical storage media. Typical applicants: Software companies (downloadable software and apps), electronics brands, device manufacturers, technology product companies Note: Software sold as a product or downloadable app = Class 9. Software delivered as a service (SaaS) = Class 42.
Class 10 — Medical Devices Surgical, medical, dental and veterinary apparatus and instruments, prosthetic articles, suture materials, therapeutic and assistive devices for people with disabilities, contact lenses, corrective eyewear (from 2026 — moved from Class 9), massage apparatus, furniture adapted for medical use. Typical applicants: Medical device manufacturers, optical brands (contact lenses), healthcare equipment companies
Class 11 — Environmental Apparatus Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes. Typical applicants: Air conditioning brands, water purifier companies, cooking appliance manufacturers
Class 12 — Vehicles Vehicles, apparatus for locomotion by land, air, or water. Typical applicants: Automotive brands, bicycle manufacturers, electric vehicle companies
Class 13 — Firearms Firearms, ammunition, projectiles, explosives, fireworks. Typical applicants: Defence equipment manufacturers, fireworks brands
Class 14 — Jewellery and Timepieces Precious metals and their alloys, jewellery and imitations of jewellery, precious and semi-precious stones, timepieces and chronometric instruments. Typical applicants: Jewellery brands, watch companies, precious stone dealers
Class 15 — Musical Instruments Musical instruments, music stands and sheets, conductors’ batons. Typical applicants: Instrument manufacturers, music equipment brands
Class 16 — Paper and Printed Materials Paper, cardboard, printed matter, bookbinding material, photographs, stationery, office requisites (except furniture), printing blocks, printers’ type, office requisites for printing. Typical applicants: Publishing houses, stationery brands, printing companies, greeting card manufacturers
Class 17 — Rubber and Insulation Materials Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes, plastics in extruded form for use in manufacturing, packing, stopping and insulating materials, flexible pipes. Typical applicants: Rubber goods manufacturers, insulation companies
Class 18 — Leather Goods and Bags Leather and imitations of leather, animal skins, luggage, handbags, wallets, umbrellas, walking sticks, saddlery. Typical applicants: Handbag and luggage brands, leather goods companies, fashion accessories manufacturers
Class 19 — Construction Materials (Non-Metallic) Building materials other than metals, rigid pipes for building, asphalt, pitch, bitumen, transportable buildings not of metal, monuments not of metal. Typical applicants: Construction material manufacturers, cement brands, tile companies
Class 20 — Furniture Furniture, mirrors, picture frames, containers not of metal or plastic for storage or transport, unworked or semi-worked bone, ivory, shells, amber, beds and bedding. Typical applicants: Furniture brands, home decor companies, mattress manufacturers
Class 21 — Household and Kitchen Items Household or kitchen utensils and containers, cookware, glassware, porcelain and earthenware, cleaning equipment, combs and sponges, brushes, objects for cleaning purposes, unworked or semi-worked glass. Typical applicants: Kitchenware brands, glassware companies, cleaning equipment manufacturers
Class 22 — Ropes, Textiles, Sacking Ropes, string, nets, tents and tarpaulins, awnings of textile or synthetic materials, sails, sacks, raw fibrous textile materials and substitutes. Typical applicants: Textile raw material suppliers, rope manufacturers, tarpaulin companies
Class 23 — Yarns and Threads Yarns and threads for textile use. Typical applicants: Thread and yarn manufacturers, textile raw material companies
Class 24 — Fabrics and Textiles Textiles and substitutes for textiles, household linen, curtains. Typical applicants: Fabric brands, linen manufacturers, textile companies selling finished fabric
Class 25 — Clothing and Footwear Clothing, footwear, headgear. Typical applicants: Apparel brands, footwear companies, fashion brands, sportswear manufacturers
Class 26 — Trimmings and Haberdashery Lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, hair decorations, false hair. Typical applicants: Haberdashery brands, embroidery companies, hair accessory manufacturers
Class 27 — Carpets and Floor Coverings Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors, wall hangings not of textile. Typical applicants: Carpet and rug brands, flooring companies
Class 28 — Games and Toys Games, toys and sporting articles, Christmas tree decorations, training equipment. Typical applicants: Toy brands, sports equipment companies, gaming product manufacturers
Class 29 — Processed Food (Animal-Based) Meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats. Typical applicants: Packaged food brands (dairy, meat, preserved vegetables), edible oil companies
Class 30 — Processed Food (Plant-Based, Staples) Coffee, tea, cocoa and artificial coffee, rice, pasta and noodles, tapioca and sago, flour and preparations made from cereals, bread, biscuits, cakes, pastry, confectionery, ice cream, sugar, honey, treacle, salt, spices, vinegar, sauces, essential oils for food flavouring. Typical applicants: Biscuit and snack brands, coffee and tea companies, confectionery brands, spice manufacturers, bakeries
Class 31 — Fresh Agricultural Products and Live Animals Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw grains and seeds, fresh fruits and vegetables, live animals, natural plants and flowers, foodstuffs for animals, malt. Typical applicants: Fresh produce brands, plant nurseries, animal feed companies, aquaculture businesses
Class 32 — Beers and Non-Alcoholic Beverages Beer, non-alcoholic beverages, mineral and aerated waters, fruit beverages and fruit juices, syrups and other preparations for making beverages. Typical applicants: Soft drink brands, bottled water companies, fruit juice brands, beer manufacturers
Class 33 — Alcoholic Beverages Alcoholic beverages, except beers, including wines, spirits and liqueurs. Typical applicants: Wine brands, whisky and spirits companies, alcoholic beverage manufacturers
Class 34 — Tobacco Products Tobacco and tobacco substitutes, cigarettes, cigars, electronic cigarettes and vaping products, smokers’ articles, matches. Typical applicants: Tobacco brands, vaping product companies
Services Classes (Classes 35–45)
Class 35 — Advertising, Business Management, and Retail Services Advertising, business management and administration, office functions, retail or wholesale services for goods. Typical applicants: E-commerce platforms, advertising agencies, business consulting firms, online retail stores, distribution companies
The most commonly missed class in India. Any brand that sells goods online or through a retail store must register Class 35 in addition to the product class. Class 35 covers the retail service — the act of selling — not just the product itself. Without Class 35, a competitor can open an online store under your brand name and your product class registration will not cover them.
Class 36 — Financial Services and Insurance Financial services, monetary affairs, insurance, banking services, real estate services. Typical applicants: Banks, insurance companies, fintech brands, investment platforms, real estate companies
Class 37 — Construction and Repair Services Building construction and repair services, mining services, quarrying, drilling, installation and maintenance services. Typical applicants: Construction companies, home renovation brands, repair service providers
Class 38 — Telecommunications Telecommunications services, broadcasting, internet access providers, teleconferencing, messaging services. Typical applicants: Telecom companies, internet service providers, messaging platforms
Class 39 — Transport and Logistics Transport, packaging and storage of goods, travel arrangement, courier services, delivery platforms. Typical applicants: Logistics and courier companies, delivery apps, travel agencies, shipping companies
Class 40 — Treatment of Materials Treatment of materials including processing, manufacturing, custom production of goods for others, recycling, sorting of waste. Typical applicants: Contract manufacturers, material processing companies, recycling businesses
Class 41 — Education and Entertainment Education and training, providing sporting and cultural activities, publishing and production of content, entertainment services, event organisation. Typical applicants: EdTech platforms, training institutes, media companies, entertainment brands, sports organisations, OTT platforms
Class 42 — Technology Services (SaaS, IT, Research) Scientific and technological services, industrial analysis and research, design and development of computer hardware and software, software as a service (SaaS), cloud computing, IT consultancy, AI services (from 2026 — explicitly codified). Typical applicants: SaaS companies, IT consulting firms, app developers (service model), AI companies, cloud platforms, cybersecurity firms, research organisations
Class 43 — Food and Accommodation Services Providing food and drink, temporary accommodation. Typical applicants: Restaurants, cafes, cloud kitchens, hotels, food delivery platforms, catering companies
Class 44 — Medical and Veterinary Services Medical services, veterinary services, hygienic and beauty care for human beings or animals, horticulture and forestry services. Typical applicants: Hospitals and clinics, diagnostic labs, veterinary clinics, beauty salons, cosmetic treatment brands
Class 45 — Legal and Security Services Legal services, security services for the physical protection of property and individuals, personal and social services for individuals, online social networking services, notary services (from 2026 — explicitly added). Typical applicants: Law firms, security agencies, notaries, social networking platforms, personal care services
How to Choose the Right Trademark Class
Step 1 — Describe Your Core Business Activity
Start with a single sentence: what does your business actually sell or do?
- “We manufacture and sell clothing” → Class 25
- “We run a restaurant and food delivery service” → Class 43
- “We provide project management software on subscription” → Class 42
- “We manufacture and sell software as a product” → Class 9
Classify based on what you commercially do — not what your product physically is. This is the distinction most first-time filers miss. A company that sells shirts it manufacturers files Class 25. A company that retails shirts made by others files Class 35. The product is the same; the commercial activity and the required class are different.
Step 2 — Use TMclass to Verify
The official EUIPO classification search tool TMclass includes India’s CGPDTM office in its database. You can search for specific goods or services descriptions and identify which Nice Class they fall into — and whether the description is accepted by the Indian Trade Marks Registry.
Using accepted TMclass descriptions reduces the chance of examination objections for incorrect or vague specification language.
Step 3 — Identify Expansion Classes
Beyond your core class, think about where your business is going in the next three to five years. Classes you are likely to enter should be registered now — not when a competitor has already taken the space.
Common expansion class combinations:
Clothing brand: Class 25 (clothing) + Class 35 (retail services) + optionally Class 18 (bags, accessories)
Restaurant / food brand: Class 43 (restaurant services) + Class 30 (packaged food products) + Class 35 (franchise and retail)
SaaS / tech company: Class 42 (software services) + Class 9 (downloaded software, app) + Class 35 (business services)
E-commerce platform: Class 35 (retail services, marketplace) + the specific product classes of what is sold
EdTech: Class 41 (education, online courses) + Class 42 (software platform) + Class 9 (downloaded app)
Pharmaceutical / healthcare: Class 5 (pharmaceutical products) + Class 44 (medical services) + Class 10 (medical devices if applicable)
Step 4 — Check Existing Marks in Your Target Class
Before finalising your class selection, run a trademark search in that class on the IP India portal at ipindia.gov.in to identify whether any similar marks already exist. A conflicting prior registration in the same class will result in a Section 11 examination objection or a third-party opposition.
If similar marks exist, assess whether the goods or services specifications genuinely overlap or whether coexistence is possible.
The Five Most Misunderstood Classes in India
Class 9 vs Class 42 — Software Products vs Software Services Class 9 covers software as a downloadable product. Class 42 covers software as a service (SaaS) and technology services. A company offering a mobile app needs Class 9 (the app itself) and likely Class 42 (the platform service). Missing either leaves gaps in protection.
Class 35 — The Retail Services Class Everyone Forgets Every business that sells products — whether online or offline — needs Class 35 in addition to the product class. Class 35 specifically covers retail and wholesale services. Without it, a competitor can launch a store under your name selling similar products.
Class 25 vs Class 35 — Clothing Manufacturer vs Clothing Retailer If you manufacture and sell your own clothing, Class 25. If you buy and resell clothing made by others, Class 35. Many businesses need both.
Class 29 vs Class 30 vs Class 31 vs Class 43 — Food Businesses
- Fresh, unprocessed food (raw fruits, vegetables, live animals) → Class 31
- Processed food (dairy, meat, preserved foods, edible oils) → Class 29
- Packaged staples, biscuits, coffee, tea, spices → Class 30
- Restaurant and food service (serving food to consumers) → Class 43
Class 41 vs Class 42 — Education vs Technology Education services, training, courses → Class 41. The technology platform running the courses → Class 42. EdTech companies need both.
Frequently Asked Questions
Q: Can I file a trademark in multiple classes in India?
A: Yes. Under the Trade Marks Act, 1999, a trademark application can cover multiple classes. A separate class fee is payable for each class — ₹4,500 per class for individuals and startups filing online, ₹9,000 per class for companies. Multi-class applications are examined class by class, so an objection in one class does not automatically affect other classes in the same application.
Q: Can I add a class to my trademark application after filing?
A: No. Once a trademark application is filed, the class cannot be changed or added to. If you realise you have missed a class, you must file a fresh application for that class — with a new filing date and new fees. This is why getting class selection right before filing is so important.
Q: What happens if I file in the wrong trademark class?
A: The Trademark Registry examiner will raise an objection during examination, requiring you to correct the classification. In most cases this means filing a fresh application in the correct class, losing the original priority date and paying fees again. Wrong class selection is one of the most common and most avoidable causes of objection and refiling in Indian trademark practice.
Q: Which trademark class is used for mobile apps in India?
A: It depends on the app’s commercial model. If the app is downloaded and owned by the user (sold as a product), Class 9 applies. If the app provides access to an ongoing service on subscription (SaaS model), Class 42 applies. Most modern apps require both — Class 9 for the downloadable software and Class 42 for the service. Class 35 may also be relevant for apps with marketplace or business services functions.
Q: How many trademark classes does a startup typically need?
A: Most startups need two to three classes at minimum. A tech startup typically needs Class 42 (SaaS), Class 9 (downloadable app or software), and Class 35 (business services). A product brand needs the product class plus Class 35 (retail). A food brand needs Class 43 plus the relevant food product class. Filing in too few classes leaves gaps that competitors can exploit.
Q: What changed in trademark classes in 2026?
A: The 13th Edition of the Nice Classification became effective on 1 January 2026 and applies to all new applications filed in India from that date. Key changes: AI services are now formally codified in Class 42; contact lenses moved from Class 9 to Class 10; essential oils are classified by use across Classes 1, 3, and 30; notary services are explicitly in Class 45. Applications filed before 1 January 2026 are assessed under the 12th Edition.
Choose Correctly Before You File
Class selection determines the commercial scope of your trademark protection. A well-chosen set of classes, covering your core business and likely expansion areas, gives you a defensible brand position. A poorly chosen set leaves gaps that competitors can legally occupy.
At TMZON, trademark registration assistance includes a full class analysis for your specific business before any application is filed.
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This article is written for general informational purposes and does not constitute legal advice. For advice specific to your trademark class selection, please consult a qualified trademark attorney.
Written by Arya Sharma, Advocate, Bombay High Court | Trademark Attorney
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