Classification of Goods and Services under Trademark Registration

For the purposes of the Trademark registration, goods and services have been classified in the manner specified in the Fourth Schedule of the Trade Marks Rules, 2002.

Trade Marks registered as a single mark or part of whole or series of marks or associated marks etc. can be registered under a single class of goods or services or multiple classes. They are important because identical or similar marks registered for completely unrelated classes, for example for cars and washing powder, may be permitted under certain restrictions and conditions.  The goods and services mentioned in the Fourth Schedule only provide a means by which the general content of numbered international classes can be quickly identified. It corresponds to the major content of each class and is not intended to be exhaustive.

Pursuant to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, a Nice Classification of Goods and Services is published at the World Intellectual Property Organisation (WIPO) website. For determining the classification of particular goods and services and for full disclosure of the content of international classification, you can refer to the alphabetical index of goods and services that are categorized into 45 different classes and are now available on LegalRaasta. Now, you can search trademark through LegalRaasta. TM class is a search tool to check whether your goods and services fall under the classes as defined under the Nice Classification thus helping you figure out in which class(s) you should apply for trademark filing.  India is not a signatory to the Nice Agreement nonetheless, follows it with precision. In 2010, the Trademark Rules were amended to emerge certain services from class 42 and create classes 43, 44 and 45 to align it with the Nice Classification.

classification-of-goods-and-services-legalraasta

The latest i.e. the Eleventh Edition of the Nice Classification, as applicable from 1st January 2017, has been presented here:

Class Classification of Goods and Services
1 Chemicals used in industry, science, and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.
3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; non-medicated soaps; perfumery, essential oils, non-medicated cosmetics, non-medicated hair lotions; non-medicated dentifrices.
4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
5 Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
6 Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
8 Hand tools and implements (hand-operated); cutlery; side arms; razors.
9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
10 Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopedic articles; suture materials; therapeutic and assistive devices adapted for the disabled; massage apparatus; apparatus, devices and articles for nursing infants; sexual activity apparatus, devices and articles.
11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
12 Vehicles; apparatus for locomotion by land, air or water.
13 Firearms; ammunition and projectiles; explosives; fireworks.
14 Precious metals and their alloys; jewelry, precious and semi-precious stones; horological and chronometric instruments.
15 Musical instruments.
16 Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paintbrushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.
17 Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, tubes, and hoses, not of metal.
18 Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch, and bitumen; non-metallic transportable buildings; monuments, not of metal.
20 Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber.
21 Household or kitchen utensils and containers; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain, and earthenware.
22 Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
23 Yarns and threads, for textile use.
24 Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
25 Clothing, footwear, headgear.
26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
28 Games, toys, and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
29 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.
30 Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice.
31 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings, and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
32 Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings, and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
33 Alcoholic beverages (except beers).
34 Tobacco; smokers’ articles; matches.
35 Advertising; business management; business administration; office functions.
36 Insurance; financial affairs; monetary affairs; real estate affairs.
37 Building construction; repair; installation services.
38 Telecommunications.
39 Transport; packaging and storage of goods; travel arrangement.
40 Treatment of materials.
41 Education; providing of training; entertainment; sporting and cultural activities.
42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43 Services for providing food and drink; temporary accommodation.
44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
45 Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of individuals.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T06:10:57+00:00January 9th, 2017|Categories: Trademark|Tags: , , |0 Comments

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey