In an intimate category, the brand is the trust. Class 5, 10, 44 and 9 — most femtech founders need more classes than they think.
Femtech brands sell into the most trust-sensitive category in D2C. A woman choosing a menstrual cup, a PCOS supplement or a fertility-tracking app is making an intimate decision on the strength of a brand name and its community. That is why femtech brands invest so heavily in content, communities and founder voice — and why a copycat listing on a marketplace does damage far beyond the lost sale. The counterfeit does not just take revenue. It takes the trust the category runs on.
The trademark map is wider than most founders expect. Supplements and sanitary products sit in Class 5, menstrual cups and medical devices in Class 10, consultations and clinical services in Class 44, and the tracking app in Class 9. One TM-A application costs ₹4,500 per class for startups, MSMEs and individuals — ₹9,000 otherwise. India is first-to-file, so the brand you are building community around should be on the register before the community gets big enough to copy.
Three filings cover most of the IP risk on day one. Each is a standalone service and each links to a deeper walkthrough.
Femtech sits at the intersection of D2C, health and community — and inherits the IP risks of all three.
Register the community name and the product name early — they are usually different marks, and both carry the business.
Femtech is genuinely multi-class. The same brand often sells a device, a supplement, an app and a consult — four different classes.
Few brands need all four on day one. File the classes you sell in now plus the one on next year's roadmap — the class finder makes the shortlist quick.
Two filters decide whether a femtech name survives examination. Section 9 of the Trade Marks Act blocks descriptive names — and femtech is full of them. Words that simply describe the condition or the outcome make weak marks that examiners object to and competitors copy freely. Coined names clear faster and enforce harder.
Section 11 blocks names similar to earlier marks, and because Class 5 is pharma territory, examiners apply the stricter medicinal-confusion standard the Supreme Court set out in the Cadila line of cases. A supplement brand that echoes an existing drug name is walking into that test. Run a full clearance search across Class 5, 10, 44 and 9 before the packaging is designed, not after.
If an objection does come, it is not fatal — the reply window is 30 days and well-argued responses clear most Section 9 and 11 objections. Budget for the possibility in this category. And keep claims off the label that the regulatory side cannot back: therapeutic promises in brand language are the fastest route to trouble in women's health.
Government fees: ₹4,500 per class for startups, MSMEs and individuals; ₹9,000 otherwise. A D2C femtech startup filing its brand in Class 5 + 10 + 9 pays ₹13,500 in government fees — less than a single influencer collaboration, for the asset every collaboration builds.
Filing takes 48 hours, and the ™ symbol goes on packaging and the app from the application date. Examination lands within a few months; an objection gives you 30 days. After acceptance the mark publishes in the Journal for the 4-month opposition window, then registers — typically 7–18 months end to end. Registration lasts 10 years and renews indefinitely.
Building a women's health brand? Tell us what you sell — we will map the classes and check the pharma register first.
WhatsApp our team →Class 10, which covers medical and physical-wellness devices. Sanitary napkins and supplements fall in Class 5, health consultations in Class 44, and a period-tracking app in Class 9. Many femtech brands need two or three of these classes.
Class 5 — the same class as pharmaceuticals and nutraceuticals. Because the register is crowded and examiners apply a stricter confusion test to health marks, a thorough Class 5 search before filing is essential for supplement brands.
Yes, and you should. Community names, handles and content series carry real goodwill and are registrable marks — typically in Class 41 for content and education or Class 44 for health services. India is first-to-file, so register the community name before it becomes valuable enough to copy.
Two reasons. Descriptive names — words that just name the condition or outcome — draw Section 9 objections. And names close to existing pharma or wellness marks draw Section 11 objections under the stricter standard applied to health-related brands. A coined name plus a proper pre-filing search avoids most of both.
₹4,500 per class in government fees for DPIIT-recognised startups, MSMEs and individuals (₹9,000 otherwise). A brand covering devices, supplements and an app — Class 10, 5 and 9 — costs ₹13,500 in government fees for a startup, plus professional charges.