Trademark Classes Explained: How to Choose the Right Classes for Your Business

A trademark is registered for specific goods or services, not for everything. When you apply, you choose one or more classes and describe the goods or services within each. Choose too narrowly and a competitor can use the same name for related products; choose wrongly and the registration may not protect what you actually sell. This is one of the most common mistakes in applications filed through quick online packages.

This article explains how the class system works, how to pick the right classes for your business, how to describe the goods and services, and what it costs.

How the class system works

• India follows the international Nice Classification, which divides goods and services into 45 classes
• Classes 1 to 34 are for goods, and classes 35 to 45 are for services
• Each class has a heading and a detailed list of items; the Trade Marks Registry follows the current edition of the classification
• Protection extends to the goods and services you list, and to some extent to similar goods and services, but not to everything in the world

Classes most often relevant to Kerala businesses

Business	Usual classes
Restaurant, hotel, café, cloud kitchen, catering	43 (food and drink services, accommodation); 30 or 29 if selling packaged food under the brand
Bakery and sweets	30 (bread, pastry, confectionery); 43 if there is a café; 35 for retail outlets
Spices, tea, coffee, snacks	30 (spices, tea, coffee, snacks made from cereals); 29 (preserved and dried foods, some snacks)
Ayurveda products and pharmaceuticals	5 (medicines, ayurvedic preparations); 3 (cosmetics, hair oils, soaps not medicated)
Clothing and textiles	25 (clothing, footwear); 24 (fabrics); 35 for retail stores
Jewellery	14 (jewellery, precious metals, watches); 35 for retail stores
IT and software company	42 (software development, SaaS, IT services); 9 (downloadable software, apps)
Coaching, training, education, online content	41
Hospital, clinic, diagnostic centre	44 (medical services); 5 if selling own-brand medicines
Travel agency, tour operator	39 (travel arrangement, transport); 43 for booking accommodation
Real estate	36 (real estate services); 37 (construction)
Retail, supermarket, e-commerce store	35 (retail and online retail services), plus classes for own-brand products
Digital marketing, advertising, consultancy	35
Financial services, insurance, NBFC	36

These are common starting points. The right choice depends on what you actually sell or plan to sell under the brand.

How to choose the classes

• Start with what you sell today: each product line and each service you provide under the brand
• Add what you will sell in the next few years: for example, a restaurant planning packaged sauces, or a software company planning hardware
• Think about where copying would hurt you: a bakery name copied on a café, or a clothing brand copied on footwear
• Check similar goods in other classes: some goods and services are closely related even though they are in different classes, such as food products (30) and restaurant services (43)
• Do not file in classes you have no real intention to use: marks not used for a long period can be removed, and unnecessary classes add cost

Describing goods and services: the specification

• Use clear, specific terms, such as “ayurvedic hair oil” or “restaurant services”, rather than vague phrases
• Using only the class heading may not cover everything you need, and very broad descriptions can draw objections
• Where the Registry’s pre-approved terms fit, using them can reduce objections
• The specification can be narrowed later, but it cannot be widened; adding new goods needs a fresh application

Single-class and multi-class applications

• You can file one application covering several classes, or separate applications for each class
• A multi-class application is convenient, but an objection or opposition in one class can delay the whole application
• Separate applications cost the same per class and allow each class to proceed on its own; many practitioners prefer them for important brands

Cost per class

The official filing fee is charged per class. For online filing, it is currently ₹4,500 per class for individuals, startups and small enterprises, and ₹9,000 per class for others; physical filing costs more. Professional fees are separate. See cost and timeline for trademark registration.

Common mistakes

• Filing only in Class 35 for a business that also sells its own branded products
• A restaurant filing in Class 30 but not in Class 43
• A software company filing only in Class 9 when it provides online services (Class 42)
• Using vague descriptions that do not clearly cover the actual business
• Filing in the name of the wrong entity; see checking availability before filing and file in the name of the brand owner

Frequently asked questions

Does registration in one class protect my brand in all classes?

No. Protection is mainly for the registered goods and services and those similar to them. Well-known marks get wider protection, but most brands need registration in each relevant class.

Can I add classes later?

Not to the same application. You file a new application for the additional class, with a new filing date.

How many classes should a small business file in?

Usually one to three, covering the core goods or services and the most likely areas of expansion or copying.

Which class is for an online store?

Retail and online retail services are in Class 35. If you also sell products under your own brand, file in the classes for those products as well.

ചുരുക്കം (Summary in Malayalam)

Trademark രജിസ്ട്രേഷൻ നിശ്ചിത ഉൽപ്പന്നങ്ങൾക്കോ സേവനങ്ങൾക്കോ മാത്രമാണ്. 45 classes ഉണ്ട്: 1–34 ഉൽപ്പന്നങ്ങൾ, 35–45 സേവനങ്ങൾ. ഉദാഹരണം: റെസ്റ്റോറന്റ് 43, ബേക്കറി 30, ആയുർവേദ മരുന്ന് 5, വസ്ത്രം 25, ആഭരണം 14, സോഫ്റ്റ്‌വെയർ 42 (ആപ്പിന് 9), കോച്ചിംഗ് 41, ആശുപത്രി 44, retail 35. ഇപ്പോൾ വിൽക്കുന്നതും അടുത്ത വർഷങ്ങളിൽ വിൽക്കാൻ ഉദ്ദേശിക്കുന്നതും ആയ classes തിരഞ്ഞെടുക്കുക. Specification വ്യക്തമായി എഴുതുക; പിന്നീട് ചുരുക്കാം, വികസിപ്പിക്കാൻ കഴിയില്ല. ഓൺലൈൻ ഫയലിംഗിന് ഓരോ class-നും ₹4,500 (വ്യക്തികൾ, സ്റ്റാർട്ടപ്പുകൾ, ചെറുകിട സംരംഭങ്ങൾ) അല്ലെങ്കിൽ ₹9,000.

This article gives a general overview of trademark classification under the Trade Marks Act, 1999 and the rules, following the Nice Classification. Classification practice, editions and fees change from time to time; for accurate and current requirements, refer to the Trade Marks Registry. The article is not advice on any particular case.