Intellectual Property

Trademark Classes Explained

Why filing in the wrong class leaves your brand unprotected, and how to work out which classes your business actually needs.

Trademark Classes Explained

A trademark is not protected everywhere at once. It is protected for the goods and services you registered it against — and those are defined by class.

The classification system

India follows the NICE classification: 45 classes in total, 1 to 34 covering goods and 35 to 45 covering services. Your registration only bites within the classes you file in.

Why this matters

A clothing brand registered only in Class 25 has no answer if another business uses the same name to run a restaurant in Class 43. If you sell a product and also franchise the concept, you likely need registrations covering both the goods and the related services.

Working out your classes

List what you sell today, then what you have concrete plans to sell. Map each to a class. Resist the urge to file across a dozen classes speculatively — each one costs money, and a mark unused in a class for the prescribed period can be challenged for non-use.

A search before filing is worth far more than it costs. It is much cheaper to discover a conflicting mark now than after an objection.

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