Trademark is basically the identity of a brand. It is a visual symbol, which is used by a business to distinguish its goods or services from other similar goods or services originating from a different business. It basically comprises of the shape of the goods, it’s patterns, designs, and packaging, etc. The name, logo, product or service is the crux of a business and thus, formulate a part of its trademark. It becomes very important for any of the business to protect its intellectual assets by registering them so that no other similar entity can use its brand name and goodwill without licensing and prior permission. Trademark protection comes by registering the mark with the Registrar under appropriate Trademark classes
What Are Trademark Classes In India?
A trademark denotes a visional symbol that can be anything from words, machines, devices, labels to numerical that are often used in business for characterizing goods or services that are similar to other goods or services manufactured by opposite and rival companies.
Trademark Registration in India particularly follows a procedure which duly requires every business entity to clearly define the class of the goods or services of their company. They range from names to arbitrary words (self-invented included) to any combination including letters and numbers to monograms to a combination of colours to shapes or marks.
In India, Section 13 of the Trademarks Act, 1999 carries the provisions for the Classification of Goods and Services and states that the said Registrar must classify that goods and services in accordance with the International Classification of Goods and Services (ICGS) for the main purpose i.e. registration of trademarks.
Trademark registry has classified the goods and services in accordance with the 10th edition of Nice Classification of Goods and Services. The Nice Classification particularly comprises a list that contains classes in alphabetical order of goods and services respectively. There are in total 45 Trademark classes; out of which 34 classes are for goods and 11 classes are for services i.e. classes 1 to 34 deal with the specification of goods whereas classes 35 to 45 deal with the specification of services.
Nice Trademark Classification
It is essential to know about the different Trademark classes in India for different goods and services to know under which class the application for Trademark Registration must be filed. The complete list of the Trademark classes is mentioned below:
Trademark classes of Goods in India
Registration of Trademark in India can be done for marks for different goods under the following classes:
Class 1- Chemicals: Any kind of Chemicals that are used in Industries, science or photography, chemicals used in agriculture, horticulture and forestry, the adhesives used in Industry, unprocessed plastics, and chemical substances involved inedible substances.
Class 2- Paints: Any kind of paints or varnishes, preservative used against rust and damage of wood, metals used in foil and powder form used by painters, decorators or printers, and mordant and colorants.
Class 3- Cosmetics and Cleaning Preparations: Substances used in laundry, cleaning and polishing; and has chemical applications, soaps, perfumes, oils, and any kind of cosmetics.
Class 4- Lubricants and Fuels: All industrial greases and oils, lubricants, wetting or binding compositions, and all types of fuels, candles, and wicks.
Class 5- Pharmaceuticals: Medical preparations (Veterinary and Pharmaceutical, including sanitary preparations also, any dietetic substance), baby food, plasters, dressing material, disinfectants, dental wax, and preparations to destroy vermin.
Class 6- Metal Goods: Common Metals and alloys, any material used for metal building; non-electric cables and wires (all of the common metals), pipes, and tubes and other small metal hardware.
Class 7- Machinery: Machines and their tools, motors or engines (land vehicles not included), incubators (for eggs), and agriculture machines (hand operated not included).
Class 8- Hand Tools: Hand tools, cutlery, razors, and side arms.
Class 9- Electrical and Scientific Apparatus: Any instrument and apparatus used in science, navigation, Photography, Cinematography, optics, weights and measurements, signals, supervision, life-saving and/or teaching, also conducting, transforming, switching, regulating, and transmitting.
Class 10- Medical Apparatus: Any kind of medical apparatus including surgical, dental and veterinary instruments and apparatus, artificial limbs or eyes or teeth, and Orthopaedic articles also included.
Class 11-Environmental Control Apparatus: Any lighting, steam generating, heating, drying, cooking, refrigerating, ventilating, and sanitary or water supply related appliances and apparatus.
Class 12- Vehicles: Vehicles and apparatus for locomotion (in/by land, air or water).
Class 13- Firearms: Fireworks, Firearms, Explosives, and ammunition (also projectiles).
Class 14- Jewellery: Any precious metal and it’s alloy and any goods made of that precious metal or even coated with, jewels and ornaments and precious stones, and chronometric instruments.
Class 15- Music Instruments: Any Musical Instrument.
Class 16- Paper Goods and Printed Matter: Cardboard and paper, any goods made from them; printed matter, photographs and all stationary, adhesives, paint brushes, all type of office requisites, any type of teaching material, and printing blocks including plastic material for packaging.
Class 17- Rubber Goods: Rubber, mica, gutta-percha, asbestos, gum and any goods made from these, packing, insulating and stopping materials, extruded plastics, and pipes (flexible and not made up of metals).
Class 18- Leather Goods: Leather any kind of its limitation, any goods from this material, trunks, hides, animal skins, and traveling bags; parasols, umbrellas, and walking sticks also harness and whips.
Class 19- Non-metallic Building Materials: Non-metallic building materials, rigid pipes again non-metallic and used for building purposes; bitumen, asphalt, and pitch; monuments, not of metal.
Class 20- Furniture and Articles Not Otherwise Classified: Mirrors, furniture, picture frames; any goods of wood, reed, cork, wicker, cane, bone, horn, whalebone, ivory, amber, shell, meerschaum, mother-of-pearl or any kind of their substitutes.
Class 21- Housewares and Glass: Household utensils and containers (including kitchen), sponges and combs; brushes (excluding paint brushes) and materials included in their making; steel wool and unprocessed glass, porcelain and glassware; and earthenware.
Class 22- Cordage and Fibres: Tents, nets, strings, ropes, tarpaulins, awnings, sacks, sails, bags, stuffing and padding materials, and raw textile materials (fibrous).
Class 23- Threads and Yarns (for textile use).
Class 24- Fabrics: Textile and their goods; bed covers and table covers.
Class 25- Clothing: Footwear, clothing, and headgear.
Class 26- Fancy Goods: Ribbons, Embroidery, Lace, and braid; hooks and buttons, needles and pins; artificial flowers.
Class 27- Floor Coverings: Mats, rugs, carpets and matting, linoleum and other similar materials used for covering existing floors and also wall-hangings which are non-textile.
Class 28- Toys and Sporting Goods: Sporting and gymnastic articles; games and any kind of playthings given that they are not included in other classes and also decorations for Christmas Trees.
Class 29- Meats and Processed Foods: Fish, meat, poultry; meat extracts; dried, cooked, frozen edibles (fruits and vegetables), jellies, jams; eggs, milk, and its products, oil (edible).
Class 30- Staple Food: Tea, coffee, rice, sugar, tapioca, artificial coffee, and sago; bread, flour, pastry and confectionery; honey, ices, yeast, treacle, salt, baking powder, mustard, sauces, vinegar, spices, and ice.
Class 31- Natural Agricultural Products: Products from agriculture, forest and horticulture, and grains gave that they are not included in other classes; fresh vegetables and fruits; live animals; seeds; plants and flowers (natural); food products for animals.
Class 32- Light Beverages: Mineral and aerated water; Non-alcoholic drinks and beers; fruit juices and drinks; syrups and preparation for beverages.
Class 33- Wines and Spirits: Alcoholic drinks (excluding beers).
Class 34- Smokers Articles: Tobacco, and matches.
Trademark Classes of Services in India
Trademark registration in India can be done for marks for different services under the following classes:
Class 35- Advertising and Business: Business Management; advertising; business administration and other office functions.
Class 36- Insurance and Financial: Financial affairs, Insurance; Monetary affairs; real estate affairs.
Class 37- The building, Construction, and Repair: Repair, Building construction, Installation Services.
Class 38- Telecommunications: Services allowing at least one person to communicate with another by a sensory means.
Class 39- Transportation and Storage: Packaging and storage of goods; Transport.
Class 40- Treatment of Materials: Services not included in other classes, rendered by the mechanical or chemical processing, transformation or production of objects or inorganic or organic substances, including custom manufacturing services.
Class 41- Education and Entertainment: Providing training; Entertainment; sporting; Education and other cultural activities.
Class 42- Computer, Scientific and Legal: Technological and scientific services; industrial analysis and research services; development of computer hardware and software and their designing.
Class 43- Hotels and Restaurants: Services related to providing drinks and food or temporary accommodation.
Class 44- Medical, Beauty, and Agricultural: Any kind of Medical services (including Veterinary, hygienic and beauty services) both for humans and animals; horticulture, agriculture, and forest services.
Class 45- Legal Related: Legal and security services; personal and social services.
Trademark attorneys and Trademark examiners correctly examine the trademark classes and thus arrange documents, such as the trademark and service mark applications, as per the description and their scope of the types to which the said trademark actually applies.