Classification of trademarks in India for products and services

Trademarks for products and services can be categorized into a number of categories. Depending on the course, different registration requirements apply. Registration requirements vary depending on the class. To prevent inconsistencies, a trademark search must be conducted prior to filing a trademark registration application. Large brands frequently register their names in each of the 45 classes that follow, but smaller brands only do so in industries they are already in or intend to enter. Therefore, we are mentioning the various classes that your goods and services are divided into in this article.

What is Trademark?

A trademark is a word, color, logo, shape of goods, sound mark or three dimension that you use to differentiate your product from the products of competitors. A trademark is a designation used to distinguish products sold by two or more manufacturers. Once a trademark is registered, the owner has the right to trademark protection. Different classes are used to categories the production of goods and services.

What is trademark class?

When registering a trademark in India, various classes are used to categories the production of goods and services. Selecting the incorrect Trademark Class can impede the registration process, so it is crucial to get it right.

However, a trademark could occasionally be incredibly generic. For instance, in many countries, Facebook is listed as the registered owner of the word “Face.” The reason for this is that the governments have categorized all trademark registrations into different groups. This implies that Facebook is the sole owner of the “face” trademark in the telecommunications sector, preventing the term from being used in the names of other social networks or messaging services but allowing its use in footwear company names.

If a business’s activities involve a variety of goods or services that fall under various trademark classifications, trademark applications may be filed in more than one class. Furthermore, even if a mark is already registered under one class, a different organization may still submit a trademark application for the same mark under a different class. Therefore, submitting a trademark application under one class does not grant total exclusivity for the use of the mark. A trademark only grants exclusivity for use of the mark in connection with the category of goods or services for which it is registered. This category includes almost 80,000 goods and services. To choose the appropriate Trademark Class from more than 80,000 products and services, use the Trademark Class finder tool.

 

Trademark Classifications

The Indian Trademark Registry classifies trademarks using this classification. You must select the appropriate class to receive credit because each class represents a particular category of goods and services. You can only move forward with the process if you have chosen the appropriate category of goods and services for your mark. According to the NICE classification for a trademark, also known as the International Certification of Goods and Services, trademarks are divided into 45 different classes. Each class of trademarks designates a particular group of products and services. The Classification of Goods and Services has produced a total of 45 Trademark Classes to group together various goods and services. Various categories can be used to classify goods and services. Only 34 of the 45 classes are for products, leaving 11 for services. On the basis of this classification, the Indian Trademark Registry also divides trademarks into subcategories. Trademark classification is another name for the categorization of products and services. The various trademark categories are divided into a number of classes. According to the type and description of the goods and services, the documents are arranged neatly. Trademark classification is a crucial part of classifying classes.

The LegalRaasta team is here to help you determine which class your products fall under.

 

Classification of Trademarks Based on Goods

  1. Finished goods are categorized according to their use and function. The customer can compare it to similar finished goods if you don’t specify its purpose. In the absence of this option, the applicant may categories the goods based on their type of construction or intended use. If it is assumed that the product is not mentioned in any of the classes, it is compared to the other finished products on the list.
  2. The classification of finished multipurpose products is based on their intended uses. A product with multiple uses can be classified into any of the classes that match one of its functions. If those functions are not listed in any class, then other criteria, such as the product’s raw materials or its mode of operation, should be considered.
  3. The type of material they are made of determines how unprocessed or semi-worked raw materials are categorized. The material they are made of determines how raw materials or semi-worked products are categorized.
  4. When a product is made up of multiple materials, the dominant material is used to organize it. In theory, any good that is a component of another good is categorized in the same class as that other good. When we are unable to use the aforementioned goods for any other purposes, this applies.
  5. The first point mentioned above is decisive in all other circumstances.

 

Classification of Trademarks Based on Services

  1. The explanatory notes and the headings of the service classes serve as the basis for categorizing the services according to the branches of the activities. And if that isn’t the case, you can use one of the other resources on the Alphabetical List instead. Rental services fall under the same category. Services that offer advice, information, or consultation fall under the same category as services pertaining to the subject matter of those services.
  2. You can also include any rental services in the same category as “services rendered by rented objects” when categorizing them.
  3. Any service that provides advice, information, or consultation falls under the same category as issues that are related to advice, information, or consultation.

The following is a list of some of the product and service classes.

Goods Services

Goods Class Name Goods Class Description
Class 1 (Chemicals)

 

Manures, unprocessed artificial resins, unprocessed plastics, fire extinguishing compositions, tempering and soldering preparations, chemical substances for food preservation, tanning substances, and industrial adhesive are a few examples of chemicals that are used in industry, science, photography, agriculture, horticulture, and forestry.
Class 2 (Paints)

 

For painters, decorators, printers, and artists, there are paints, varnishes, lacquers, preservatives against rust and against the deterioration of wood, colorants, mordents, raw natural resins, and metals in foil and powder form.
Class 3 (Cosmetics and Cleaning Preparations)

 

Cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; and dentifrices are among the items used for bleaching clothes and other items for laundry.
Class 4 (Lubricants and Fuels)

 

Industrial lubricants, fuel and illuminants, lubricants, dust absorbing, wetting, and binding compositions, candles, and wicks.
Class 5 (Pharmaceuticals)

 

Plasters, dressing materials, materials for stopping teeth, dental wax, disinfectants, veterinary and sanitary preparations, and dietetic substances modified for medical use, food for infants, fungicides, and herbicides.
Class 6 (Metal Goods)

 

Common metals and their alloys, metal building materials, portable buildings made of metal, materials for railroad tracks made of metal, non-electric cables and wires made of common metal, ironmongery, small hardware items made of metal, pipes and tubes made of metal, safes, and common metal products not listed in other classes are just a few examples. Ores are another.
Class 7 (Machinery)

 

Machines and machine tools, motors and engines, machine coupling and transmission parts, other than hand-operated agricultural implements, and egg incubators.
Class 8 (Hand Tools)

 

Tools and equipment for the hands; cutlery; sidearm; razors.
Class 9 (Electrical and Scientific Apparatus)

 

Instruments for scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving, and teaching purposes; devices for recording, transmitting, or reproducing sound or images; magnetic data carriers; coin-operated automatic vending machines and mechanisms; cash registers, adding machines, computing devices, and computers; and fire extinguishers.
Class 10 (Medical Apparatus)

 

Orthopedic products, suture materials, artificial limbs, eyes, and teeth, as well as medical, dental, and veterinary equipment and instruments.
Class 11 (Environmental Control Apparatus) Air conditioners, air circulation devices, furnaces with accelerated ageing, accumulation boilers, and Aeolian burners.
Class 12 (Vehicles) Conveyances and vehicles.
Class 13 (Firearms) Weapons, weapons, and ammunition; explosive substances and devices.
Class 14 (Jewelry) Jewelry items, Chronological devices, Gemstones, Pearls, Precious Metals, and Imitations thereof, Horological devices, Jewelry items, and Chronological devices.
Class 15(Instruments (Musical) Musical instruments and accessories.
Class 16 (Paper Goods and Printed Matter) Adhesives for use in the home and on stationery packaging, wrapping, and storing items made of paper, cardboard, or plastic, media and materials for decoration, Filter paper-based materials, Books, stationery, and other educational supplies artwork, cardboard and paper figurines, and architectural models.
Class 17 (Rubber Goods) Flexible pipes, tubes, hoses, and fittings for them, including valves, are all made of non-metallic materials. Other non-metallic materials include insulation and barrier materials, seals, sealants, and fillers.
Class 18 (Leather Goods) Canes, bags, wallets, and other carrying devices, whips, whips, and animal clothing Walking sticks, parasols, and umbrellas.
Class 19 (Non-metallic Building Materials) Materials and components used in construction that are not made of metal Non-metal windows, doors, gates, and window coverings The class includes sculptures and works of art made of materials like marble, concrete, and stone, Buildings and structures that can be moved.
Class 20 (Furniture and Articles Not Otherwise Classified) beds and housing for animals, non-metallic containers, closures, and holders for them Non-metallic displays, stands, and signage furniture and accessories Non-metallic ladders and movable steps The class includes statues, figurines, artwork, ornaments, and decorations made of materials like wood, wax, plaster, or plastic.
Class 21 (Housewares and Glass) items for caring for clothing and shoes, Utensils for beauty, hygiene, and cosmetic care Cleaning tools for the home, materials for making brushes, statues, figurines, plaques, and works of art made of porcelain, terracotta, or glass are all included in this category. Containers, cookware, and tableware Glass that has not been processed or is only partially processed.
Class 22 (Cordage and Fibers) Bags and sacks for transport, storage, and packaging Flock, nets, stuffing materials, and padding Raw fibers for textiles and substitutes for raw fibers for textiles textile substitutes and raw textile fibers, slings, bands, ropes, strings, and awnings, tents, tarpaulins, sails, and unfitted liners and covers.
Class 23(Yarns and Threads)

 

Yarns and threads
Class 24 (Fabrics)

 

Fabrics, Filtering cloth, textile filtering materials Filtration materials, textile filter materials, textile products, and textile product substitutes.
Class 25(Clothing) Clothing, Footwear, Headwear, Headgear for Wear, Headwear, and Components of Clothing, Footwear, and Headgear.
Class 26(Fancy Goods accessories for clothing, sewing supplies, and textile decor artificially created vegetables, flowers, and fruit Charms, false hair, hair accessories, hair fastening tools, and hair rollers Entomology pins and needles
Class 27(Floor Coverings) Artificial ground coverings, wall and ceiling coverings, and floor coverings.
Class 28(Toys and Sporting Goods) Fairground and playground apparatus, Sporting and physical exercise equipment, Toys, games, and playthings.
Classs29(Meats and Processed Foods) avian eggs and egg-related products Dairy goods and dairy-free options, wholesome fats and oils, Fish, seafood, and mollusks, but not live animals or products of animals, fatty acids, ready-made larvae and insects, Fruits, vegetables, nuts, and pulses that have been processed Sausages and imitations of them, Meat extracts, soups, and stocks.
Class 30(Staple Foods) coffee, teas, cocoa, and their substitutes sorbets, frozen yoghurt, ice cream, and ice processed grains, starches, and products made from them, along with yeasts and baking supplies condiments, spices, seasonings, and salts, bee products, natural sweeteners, sweet coatings, and sugars.
Class 31(Natural Agricultural Products) Crops from agriculture and aquaculture, horticulture, and forestry, Bait that is natural Animal bedding and litter animal feed and other supplies, Live animals and breeding organisms.
Class 32(Light Beverages) non-alcoholic beverages, beverages from breweries, both alcoholic and nonalcoholic beer, Beverages (Non-alcoholic -), Beverages (Preparations for making -), beverages without alcohol, non-alcoholic beverages, preparations for making drinks without alcohol, Making preparations for non-alcoholic beverages, making preparations for beverages.
Class 33(Wines and Spirits) Alcohol (other than beer), alcohol essences, and alcohol extracts alcohol-containing ingredients for beverages, Alcoholic beverages, excluding beer, ciders, and wine the steps required to make alcoholic beverages.
Class 34(Smokers’ Articles) Matches, Personal Vaporizers, Electronic Cigarettes, Flavorings and Solutions for the Same, Smokers’ Articles, Articles for Use with Tobacco, Tobacco and Tobacco Products, Tobacco and Tobacco Products (including substitutes).

 

Services Classes

Service Class Name Service Class Description
Class 35 (Advertising and Business) Marketing, management, office operations, and business administration.
Class 36 (Insurance and Financial) Insurance, money matters, financial matters, and real estate matters.
Class 37 (Building, Construction and Repair) Construction, repair, and installation services for buildings.
Class 38 (Telecommunication) Mobile communications.
Class 39 (Transportation and Storage) Transportation, goods storage and packaging, and travel arrangements.
Class 40 (Treatment of Materials) Mechanical, chemical, or biological processing, alteration, or transformation of objects, inorganic materials, or substances.
Class 41 (Education and Entertainment) The provision of instruction, entertainment, sporting, and cultural events.
Class 42 (Computer, Scientific and Legal) Services in science, technology, research, and design related to those fields; services in industrial analysis and research; design and development of computer hardware and software.
Class 43(Hotels and Restaurants) boarding for animals animal boarding, services for boarding kennels, For the provision of food and drink, information, advice, and reservation services are provided. pet-friendly hotels, supplying food and drink Providing transitory housing, the provision of beverages and food the provision of temporary housing, providing short-term housing, Renting furniture, linens, tablecloths, and other supplies for serving food and beverages, services for food and beverage provision, services for delivering food and beverages, information, guidance, and reservation services for temporary lodging, temporary lodging solutions
Class 44(Medical, Beauty, and Agricultural) services related to agriculture, aquaculture, horticulture, and forestry Services for grooming animals, caring for animals, grooming animals grooming of animals services for human healthcare, personal hygiene and cosmetics, human hygiene and beauty care human hygienic and aesthetic care, animal hygienic care, Services for grooming animals Services provided by veterinarians and veterinarian surgeons.
Class 45(Legal services) Services in politics, safety, rescue, security, and enforcement.

 

The LegalRaasta team can help you register a trademark for any of the following lists of goods and services.

 

Conclusion

A trademark is a word, color, logo, shape of goods, sound mark or three dimension that you use to differentiate your product from the products of competitors. A trademark classification is the most significant classification in terms of services and goods. The owner of a trademark has the right to trademark protection once it has been registered. To categories the production of goods and services, various classes are used. In accordance with the description and scope of the goods and services that the trademarks cover, trademark examiners and attorneys arrange documents like applications for trademarks and service marks in accordance with the different Trademark Classes. We have illustrated various Trademark Classes in this article. So, to allay your concerns, contact the team at LegalRaasta if you want to register a Trademark Registration  without making any mistakes.