Trademark Classes in India: The Complete Class Map for Founders

A founder building a skincare D2C brand files trademark in Class 3 (cosmetics). Two years later her Amazon listings are flooded with copycats using her brand name on competing product pages. She tries to enforce. The opposition’s lawyer points out that Amazon listings are retail services (Class 35), which she never registered. The Class 3 registration doesn’t help in Class 35. One missing class, one open channel.

India follows the international Nice Classification system — 45 classes total, 1 to 34 for goods, 35 to 45 for services. Each class is a separate territory of protection. Your trademark in Class 25 (apparel) doesn’t protect you in Class 18 (leather goods) or Class 35 (retail services). Picking the right classes is the single most consequential decision in a trademark application, and it’s also the one founders get wrong most often. This guide is the class map.

The class you skip is the channel your competitor takes.

What the Nice Classification actually is

The Nice Classification is an international system administered by WIPO under the Nice Agreement (1957). It divides all goods and services into 45 classes for trademark purposes. India follows the system fully, with each class listed in the Fourth Schedule of the Trade Marks Rules, 2017.

The classification serves three purposes:

• Identifies what your trademark covers
• Defines the scope of opposition under Section 11(1) — only marks in the same or similar class create conflict
• Determines fees, which are per-class

Goods (1–34) vs services (35–45)

The fundamental split. Goods are physical things. Services are activities you perform for others. The line gets blurry in modern businesses — SaaS, marketplaces, on-demand platforms — so the rule of thumb is: if you sell something to take home or use, that’s goods. If you do something for someone, that’s services.

Class map for common Indian startups

The classes most Indian startups need, by business model:

• D2C skincare / cosmetics: Class 3 (products) + Class 35 (retail) — sometimes Class 44 (beauty services)
• D2C apparel / fashion: Class 25 (clothing) + Class 35 (retail) — Class 14 if jewellery, Class 18 if leather
• SaaS / software: Class 9 (downloadable software) + Class 42 (SaaS provision)
• EdTech / online courses: Class 41 (education services) + Class 9 (downloadable courses) + Class 16 (printed materials)
• Cloud kitchen / D2C food: Class 30 (food products) + Class 43 (restaurant services) + Class 35 (retail/online)
• Health / wellness app: Class 9 (software) + Class 42 (SaaS) + Class 44 (medical services if offering teleconsult)
• Marketplace / aggregator: Class 35 (marketplace services) + Class 9 (the app itself) + Class 42 (platform infrastructure)
• Pharma: Class 5 (pharmaceuticals) + Class 35 (retail)
• Fintech: Class 36 (financial services) + Class 9 (app) + Class 42 (backend)
• Creator / content business: Class 41 (entertainment + education) + Class 35 (retail of merchandise) + Class 9 (digital content downloads)

Multi-class strategy and Section 18(2)

Section 18(2) lets you file one Form TM-A covering multiple classes. The fees are still per-class, but the application moves as one record — one priority date, one acceptance, one publication, one certificate. This is simpler than filing separate applications per class.

The strategic decision: which classes are worth the ₹4,500 each?

• Core class — always file. Whatever your primary product or service is.
• Retail class (Class 35) — almost always file. Covers marketplace, online stores, advertising of your products. Cheap insurance.
• Adjacent classes — file if you’ll enter in 24 months. Skincare brand planning to add supplements next year? File Class 5 now.
• Defensive classes — file selectively. Only if a known competitor or knockoff risk is in that class.

Specification: get the wording right

Each class on your application needs a specification — the list of specific goods or services covered. The Registry accepts two formats:

• Class heading — the standard Nice heading covering the whole class. Broadest but sometimes objected to as too vague.
• Detailed specification — a focused list of the specific products or services. Cleaner examination, more enforceable, narrower protection.

We recommend detailed specifications drawn from the official Indian Trade Marks Rules harmonised list. Bad specifications get objected at examination, sometimes for non-distinctiveness (Section 9), and add 6 to 12 months of delay. A pre-filing class and specification check takes one day and saves multiple rounds of examiner correspondence.

Two more class decisions worth getting right early. If you plan to sell abroad, your Indian classes become the basis for a Madrid Protocol filing — the international application can only cover the same or narrower classes, so the Indian class strategy sets the global ceiling. And if a class no longer reflects your business at the 10-year mark, renewal is the moment to drop it rather than pay to protect a channel you have exited.

Common class mistakes founders make

1. Filing only one class when business spans two. The most common pattern: D2C founder files only the goods class, ignores Class 35. Knockoffs on marketplaces are then harder to enforce against.
2. Picking the wrong class from a search. Class 9 is software products. Class 42 is software services. They protect different things. Get this wrong and you protect the wrong half of your business.
3. Class heading without specification. The Registry sometimes accepts the class heading but enforcement is weaker. Always specify the actual goods or services.
4. Filing in 10+ classes. Defensive over-filing creates Section 47 cancellation risk in years 5+. File only where you will trade.
5. Skipping the search step for each class. Your name might be free in Class 25 and taken in Class 35. Search in each class separately before filing.

One mark. Multiple classes. The trademark moves where the business moves.

People also ask

Frequently asked questions

How many trademark classes are there in India?

45 total. Classes 1 to 34 cover goods (physical products and materials). Classes 35 to 45 cover services. The list follows the international Nice Classification, with India accepting all standard Nice headings.

Can I change the class after filing?

No. The class is fixed at filing under Section 18. To change class, you must file a fresh application. Filing in the wrong class is one of the most expensive and irreversible mistakes.

What if my product spans multiple classes?

File in each class. A skincare brand selling to consumers and salons spans Class 3 (cosmetics, goods) and Class 35 (retail services) and possibly Class 44 (beauty salon services). All three need filing for full protection.

How much does multi-class filing cost in India?

₹4,500 per class for individuals, DPIIT startups, and MSMEs. ₹9,000 per class for others. A 3-class filing costs ₹13,500 for a startup. All classes can be combined in a single Form TM-A under Section 18(2).

Is there a way to search a class before I file?

Yes, the IP India public search portal lets you filter by class. Search for exact match, phonetic similarity, and Vienna codes (for logos) within your target class before filing — this is the single best way to avoid Section 11 objections.

If a competitor has filed in a class you need, the next move is either opposition during the publication window or a coexistence approach with detailed specifications. Both work; the right one depends on prior use evidence and target class overlap.

The Nice Classification is 45 doors. Pick the ones you walk through. Lock those well.