Classes of Trademark

As we all know, that a registered trademark act as an Intellectual Property Right for a business, and the same is used to safeguard and protect the company’s brand or symbol. However, the purpose of Registering a Trademark, all the goods and services have been categorized in the manner prescribed in the Fourth Schedule of the Trade Marks Rules, 2002. To register trademarks, the Registrar shall categorize all the goods and services as per the International Classification of Goods. Further, section 13 of the Trademarks Act, 1999, also contains provisions regarding the classes of trademark for all the goods and services.

What is a Trademark?

A Trademark is a visual representation or symbol for a specific Name, Word, Numbers, Colour Combination, Label, etc. The same is used by business to distinguish and differentiate its services or goods from other same services or goods which are manufactured and rendered by some different business.  Hence, trademark registration is necessary for maintaining the uniqueness of the goods and services.

In India, Trademarks are regulated and administered by the CGPDT (Controller General of Patents Designs and Trademarks). Further, the Trademarks Act, 1999, acts as the governing law for the Registration of Trademark. This act provides the trademark owner an authority to sue the third party for the Trademark Infringements.

Once a process of registering a trademark is complete, the “R” symbol can be applied. The said registration will be valid for ten years, and the same is qualified to get renewed after the expiry of the period.

What are the Classes of Trademark?

In India, the Trademark Registration follows a prescribed process that needs the applicant to define the class of their company's service and goods. 

Trademark is bifurcated into forty-five different classes. The same has been done in accordance with the International Certification of Goods and Services, popularly, also known as the NICE Classification. Among the prescribed forty-five classes, thirty-four classes come under the Goods Section. In contrast, eleven classes or categories come under the Services Section.

Each class denotes a specific category of Goods and Services. Hence, choosing the right class of trademark is essential for applying Trademark registration. Moreover, selecting an appropriate trademark class for the goods and services is known as the Trademark Search.

At present, around 80000 products have been covered under the ambit classes of trademark. The same starts from names and some arbitrary words (includes the self-invented) to any combination or blend of numbers or letters to monograms to some combination and blend of shapes or colors or marks.

What is NICE Classification of Goods and Services?

The International Classification of Goods and Services or the NICE Classification is a mechanism for the purposes of Trademark Registration. It was created by an agreement settled at the Nice Diplomatic Conference, which happened on 15.06.1957. However, the same was revised at the Stockholm Conference, in the year 1967, and again at the Geneva Conference, in 1977.

India acceded the NICE Agreement on 07.09.2019. Hence, the up-to-date version of the NICE Classification is being used by the Indian Trademark Office for the classification and assortment of goods and services, while examining the application for trademark registration.

There are also forty-five classes prescribed in the NICE Classification. Out of which, classes from 01 to 34 deals with the goods. Whereas the classes from 35 to 45 classifies services. The NICE Classification also gives a broad heading named “Class Header.” Class Header provides a clear explanation regarding the type of goods or services covered under each class. 

What is the Significance of Classes of Trademark?

The significance of the classes of trademark is immense, in relation to the registration, legal proceedings, prosecution, and other formalities related with the Trademarks and Service Marks completed either at the International or Domestic levels, where there is a compulsory requirement to specify the concerned class or classes equivalent to one's business field.  Basically, a trademark class or the classes of trademark signifies a certain group of goods or service, and therefore, different types of trademarks are used by the businesses.

For Example: all the different trademarks concerning the explosives and firearms come under the purview of trademark class 13. Whereas, all the various service marks related to the Financial and Insurance Services comes under the class 36 service mark.

Further, it is essential to determine the exact nature of the goods or services for which the trademark is being used.

For Example: For manufacturing shirts and pants, the correct class of trademark is Class 25. At the same time, the suitable class of trademark for the sale of shirts and pants under Retail or Wholesale Stores is Class 35.

However, it shall be noteworthy to take into consideration that if in case the application for the trademark registration is being filed in the wrong class by the trademark owner, the same would result in losing the right to enforce trademark rights in the case of trademark infringement.

What are the Online Tools available for the Classification of Goods or Services?

The following listed online tools are useful for the classification of goods and services as per the Trademark classes:

• Tool of NICE Classificationprovided by the WIPO (World Intellectual Property Organization),
• Tool of TM Classprovided by the EUIPO (European Union Intellectual Property Office)

In our opinion, using the tool of TM Class is better in comparison to the NICE Classification. As this tool explicitly comprises of the Indian Trademark Office while classifying. Moreover, this tool also highlights those goods or services that are not suitable as per the Indian Trademark Office.

What are the Basics of Trademark Classification of Goods?

The types of goods that come under the purview of Goods Section are listed below:

• A finished good is classified as per its function or usage. However, if in case the function or the usage of a good is not specified in any of the classes, then the said finished good is classified based on the similarity with other similar finished goods, mentioned in the Alphabetical List. If in case nothing is found, then the other subsidiary criteria, like that of the material used for or the mode of operation, are used in the same.
• If a finished good is a multipurpose object, then the same will be classified in all classes related to its functions. However, if the functions are not specifically mentioned in any class heading, then the other subsidiary criteria, like that of the material used for or the mode of operation, are used in the same
• Raw materials, whether semi-worked or unworked, are classified as per the material of which they consist.
• The Goods which intend to form part of some other good are classified in the same class as that of the product they intend to become part of. In the case where the same type of good cannot usually be used for any other purpose, then the other subsidiary criteria mentioned in (a) will be applied.
• When a good, whether finished or not, is categorized as per the material of which it is made, however, the same is a blend of various materials, then the said good is classified as per the material which predominates.

What are the Basics of Trademark Classification of Services?

The types of services that come under the purview of Service Section are listed below:

• The services are normally classified as per the branches of activities mentioned in both the headings and explanatory notes of the Service Classes. If in case not specified, the same are classified based on the similarity with other similar services, mentioned in the Alphabetical List.
• Rental services are in-principle categorized in the same class as the services offered using the rented objects.
• Services that comprise of information, consultation, or advice, are in-principle categorized in the same classes as the services that resemble the subject matter of the information, consultation, or advice.

What are the Classes of Trademark for Goods?

The below listed are the classes of trademark concerning goods:

Class 1: Chemicals

This class is used for the chemical products or goods that are used in the field of pharmaceuticals, science, industry, agriculture, preparations for medical or veterinary purposes. The Chemical preparations or products like the salts are used for the fire extinguishers, industrial purposes, adhesives. Further, the Chemicals are used almost in every field starting from small industries to preserving various foodstuffs.

Examples: Cold Candy by Asian Paints Pvt Ltd.

Class 2: Paints and Varnishes

Class 2 of the classes of trademark comprises of every kind of paints and varnishes, and even the preservatives used against the corrosion and damage to wood, etc. This class of trademark also includes metals used in foil, dyes, raw natural raisins, and colorants, etc. Hence, all the types of paints used by painters, artists are covered under this class.

Example: Berger Paints by Berger Paints India Pvt Limited.

Class 3: Cleaning Products and Cosmetics

Class 3 includes a variety of cosmetic preparations and products like perfumes, essential oils, soaps, toiletries, lotions, bleaching preparations, material used for laundry, and oral hygiene products, etc.

Example: Harpic and Harpic Bathroom Cleaner by Reckitt and Colman Of India Limited.

Class 4: Oil and Lubricants

All the industrial fuels, greases, oils, lubricants, illuminates, dust absorbing, candles and tapers for lightening, wetting and binding composition (including motor spirit) are covered under the ambit of Class 4 of the classes of trademark.

Example: Castrol by Castrol Ltd.

Class 5: Pharmaceuticals

Class 5 of the classes for trademark includes all the and dietetic preparations, dietary supplements, baby foods, pharmaceuticals, fungicides, veterinary products, herbicides, disinfectants, and medical dressing materials like plasters etc.

Example: Mankind by Mankind Pharmaceuticals Limited.

Class 6: Metals Goods

Class 6 of the Trademark Classes is common for the railway material, tubes, metals and alloys, pipes, and any other material used for the metal building. Moreover, it also includes non-electric cables, gates, doors, windows, safes and locks. Hence, it comprises of all the common metals not used in any other class.

Example: TATA Steel by TATA Steel Group.

Class 7: Machines

Class 7 deals with both machines and machine parts exclusive of land vehicles. This class also includes equipment used for gardening and forestry, agricultural machines. However, hand-operated machines, motors and engines, incubators for eggs, robots, construction equipment are excluded from the ambit of this class.

Example: Toshiba by Kanushikii Kaisha Toshiba Corporation.

Class 8: Hand Tools

Trademark Class 8 deals with the cutlery, sidearms, razors, Hand tools, and the hand-operated implements.

Example: Gillette by Gillette Company.

Class 9: Scientific and Electrical Equipment Computers

Class 9 of the classes of trademark deals with the registration of the trademark’s instruments used for the listed below purposes:

• Scientific,
• Nautical,
• Photographic,
• Surveying,
• Cinematographic
• Measuring Devices,
• Lifesaving and Teaching Instruments,
• Recordings Discs like DVDs and other digital recording media,
• Mechanisms for the Coin-operated Apparatus;
• Computers,
• Cash Registers,
• Calculating Machines,
• Data Processing Equipments
• Fire Extinguishers,
• Computer Software.

Example: Dell by Dell Inc.

Class 10: Medical Equipment

Class 10 of the classes of trademark, deals with every type of medical apparatus like the listed below:

• Surgical,
• Dental and Veterinary Instruments,
• Artificial Limbs,
• Artificial Teeth,
• Orthopaedic Article.

Example: Baxter by Baxter Travnol Laboratories Inc.

Class 11: Lightning Equipments

This trademark class is used for the trademark registration of appliances. This class mainly comprises of appliances engaged in Lighting, Heating, Steam Generation, Cooking, Sanitary, Refrigeration or any other water-based apparatus or appliance. Besides the appliances mentioned above Electric Kettles, Cooking Utensils, Hot Water Bottles, and Bed Warmers are also included under class 11 of the classes of Trademarks.

Example: Parryware by the Roca Bathroom Products Pvt Ltd.

Class 12: Vehicles

Class 12 includes apparatus and vehicles used for locomotion, i.e., travel by way of land or water. This class also includes motors and engines for the land vehicles, couplings and transmission components for the land vehicles, air and space vehicles, human-powered trolleys, anti-theft and safety devices.

Example: Honda by Honda Gikeen Kogyo Kabushiiki Kaisha also known as Honda Motor Company.

Class 13: Explosives and Firearms

Class 13 deals with the Explosive Substances and the devices such as the Explosives, Weapons, Firearms, or Fireworks, and Ammunitions. However, this class does not include matches.

Class 14: Jewellery

Trademark Class 14 covers all the Pearls, Gemstones, Jewellery, Clocks, and Watches. Besides this class 14 also deals with the goods in precious metal or coated, but does not include any other class of precious metals and their alloys.

Example: Tanishq by the Titan Industries Limited.

Class 15: Musical Instruments

Trademark Class 15 is used for the trademark registration of the musical instruments such as the pianos, guitar, and any other electrical musical instruments.

Example: Gibson by Gibson Guitar Corporation.

Class 16: Stationery and Printed Material

The items like Paper, Cardboard, Books, and other similar products such as the Teaching Material, Printed Matter, Photographs are covered under class 16 of the Classes of Trademark. Moreover, all the stationery items if not covered under any other class will come under the ambit of class 16.

Example: Camlin by Kokuyo Camlin Ltd.

Class 17: Rubber Goods and Flexible Pipes

Trademark Class 17 deals with Rubber, Flexible Pipes, Asbestos, Mica, Gutta-Percha, Gum, and any product made from these materials. Further, all the Insulating Products, Fire Preventive and Fire-Resistant articles are also included in this class. Furthermore, it also comprises of materials used in the manufacturing of the form of sheets, blocks, and rods.

Example: MRF by MRF (Madras Rubber Factory) Limited.

Class 18: Leather Goods

Class 18 of the classes of trademark is composed of bags, wallets, luggage, leather goods, and any other leather imitations. Further, the goods like walking sticks, umbrellas, harness are also included in class 18.

Example: Hi design by the Hi Design Pvt Ltd.

Class 19: Non-Metallic Building Materials and Rigid Pipes

Class 19 of the Classes of Trademark is composed of the Non- Metallic Building Materials, Building and Construction Materials which are not made of metal structures, and transportable buildings.

Example: Ambuja Cement by the Gujarat Ambuja Cement Limited.

Class 20: Furniture and related Materials

Class 20 includes Non-metallic Hardware like the listed below:

• Locks and keys,
• Beds,
• Furniture and Furnishings
• Bedding,
• Mattresses,
• Pillows and Cushions,
• Picture Frames or Mirrors,
• Goods made out of Reed, Woods, Ivory, Shell, Whalebone, Cork, Horn, Cane, Wicker, and the substitutes of plastics.

Example: IKEA by M/s IKEA Inter Systems Bv.

Class 21: Household items

• Statues,
• Figurines,
• Plaques,
• Works of Art,
• Made of materials like Terra Cotta, Porcelain, Glass.

The Class 21 of the classes of trademark includes:

Further, articles relating to gardening, cosmetics, cleaning materials, toilet utensils, and bathroom articles are also included in class 21 of the classes of trademark. Furthermore, the Small, Hand-operated utensils and Kitchen Appliances and the things used for household chores like utensils, combs, brushes, sponges, steel wool, unprocessed glass are also included under the ambit of class 21 of the classes of trademark.

Example: Hawkins by Pressure Cooker and Appliances Private Limited.

Class 22: Ropes and related items

Trademark Class 22 comprises ropes and string; tents and tarpaulins; sails; nets; awnings of textile or the synthetic materials; padding, cushioning and stuffing materials, sacks for the transport and storage of materials in bulk. But this class does not include cardboard, paper, rubber, or plastics; However, the raw fibrous textile materials and substitutes therefrom are included under class 22 of the Classes of Material.

Class 23: Yarns and Thread

Class 23 includes the Trademark for threads and yarns, which are used for textile purposes.

Example: Vardhman by the Vardhman Yarns and Threads.

Class 24: Filtering Materials

Class 24 concerns about the filtering textile materials, textile goods, and the substitutes for the textile goods. The term textile covers the household use items and wall hangings.

Example: Bombay Dyeing by the Bombay Dyeing and Manufacturing Company.

Class 25: Garment and Footwear

Class 25 deals with the trademark registration of Headgear, Clothing, and Footwear.

Example: Vero Moda by the Atieselskabet Af.

Class 26: Fancy Goods

The accessories used as Apparel, Hair Ornaments and Rollers, Decorative Textile Articles, False Hair, Hair Fastening Articles, Artificial Fruits, Flowers, and Vegetables. This class also includes lace, embroidery, ribbons and braid; buttons and eye, hooks, Needles and Pins.

Class 27: Floor Coverings

The Class 27 talks about the trademark registration of the Floor Coverings and also includes Artificial Ground Coverings such as the mats, rugs, matting, and carpets. This class also includes linoleum and other similar materials used to cover existing floors. Moreover, the Non-Textile Wall hangings are also included under class 27.

Class 28: Toys and Sporting Articles

All the games, toys, and other playthings like Video Games are included under class 28 of the classes of trademark. Moreover, the sporting and gymnastic articles; and the decorations for Christmas trees are also included under class 28.

Example: Fisher Price by the Fisher Price Inc.

Class 29: Meat and Processes Foods

The items like Fish, Poultry, Meat, and meat extracts; Dried, Cooked, or Preserved edibles; Jellies and Jams; Eggs, Milk, Edible oil, and its Fats are covered under the purview of the Class 29 of the classes of trademark.

Example: Mc Can by the Mc Can Private Limited.

Class 30: Tea, Coffee and Cereal Preparations

Items covered under the ambit of Class 30 of the classes of Trademark includes Tea; Coffee, cocoa and artificial coffee; tapioca and sago; bread, pastries and confectionery rice; flour and the preparations made from cereals; sugar, honey, treacle; edible ices; salt; yeast, baking-powder; sauces (condiments); mustard; vinegar, spices; and ice.

Example: Nescafe by the Societies Des Produits Nestle Sa. 

Class 31: Fruits, Flowers, Vegetables and Agricultural Products

The class 31 comprises of horticulture and forestry products, agricultural and aqua-cultural crops, fresh vegetables and fruits, algae, maize, foodstuffs and fodder for animals, live animals.

Class 32: Light Beverages

Class 32 of the classes of trademark include fruit beverages, syrups juices, mineral and aerated water, beers, non-alcoholic drinks, and preparations for beverages.

Example: Coca Cola by the Coca Cola Company.

Class 33: Wine and Spirits

Class 33 comprises of all types of alcoholic beverages except beers.

Example: SULA Vineyards by the Nashik Vinters.

Class 34: Smoker’s Articles

Class 34 of the classes of trademark includes tobacco, matches and lighters for smokers, and other smoking articles.

Example: Davidoff by the Davidoff and Cie SA.

What are the Classes of Trademark for Services?

The below listed are the classes of trademark concerning services:

Class 35: Advertising, Business, Retailing and Online Service

Class 35 of the Classes of Trademark consists of those services which assist the management in managing its affairs. Moreover, the commercial Organization are also included in this definition. Further, any advertising activity which relates to an announcement made to the general public at large scale or concerns any other type of goods and services are also included in this class.

Class 36: Real Estate, Insurance and Financial Services

Class 36 of the Classes of Trademark talk about the trademark registration for the listed below activities:

• Real Estate,
• Financial Services,
• Insurance Services,
• Rent Collection,
• Currency Trading and Exchange Services,
• Credit Reports and Financial Rating,
• Financial Appraisal Services,
• Securities and Commodities Trading Services,
• Debt Recovery and Factoring Services.

Example: LIC by LIC Corporation of India

Class 37: Building Construction and Repair

This class covers trademark registration for the listed below services

• Repair and Installation Services,
• Building Construction and Demolition,
• Mining,
• Extraction of Oil and Gas,
• Cleaning and Care of Fabrics such as textile, fur, leather, and the goods made thereof.

Further, class 37 of the classes of trademark also includes services that are rendered and provided by the Contractors for Construction and also includes the services provided by the people engaged in restoration work.

Class 38: Broadcasting and Telecommunications Services

This class usually covers the services of Broadcasting and Telecommunication provided by way of Mobiles, Telephones, Computer Communication, and Internet Access.

Example: Airtel by the Bharti Airtel Limited.

Class 39: Transportation and Travels

Class 39 of the classes of trademark deals with the services of transportation and travels concerning to below listed:

• Freight Services
• Cargo Transportation and Removal Services,
• Car Transport,
• Storage of Goods in Warehouses,
• Travel Arrangement,
• Services relating to Transporting people, goods, and animals by way of Road, Rail, and Water.

Class 40: Treatment of Materials

Trademark Class 40 relates to the services like Energy Production, Custom Manufacture and Assembly, Recycling and Waste Treatment, Services for the Treatment of Materials.

Class 41: Education and Entertainment

Class 41 includes services trademark registration for the following listed:

• Training,
• Education,
• Sports,
• Exhibitions,
• Cultural Activities and Entertainment Services.

This class further adds the services rendered and provided for the Development of Mental Facilities of both animals and persons.

Class 42: Design, Development of Software and Hardware

Class 42 of the classes of trademark talks about the trademark registration for the listed below services:

• Scientific and Technical Services,
• Software Development,
• Programming and Implementation,
• Hosting Services,
• Rental of Software and Technology Service,
• Architectural and Urban Planning Services.

It also includes services that cover the complex activities of Computer Programmers, Engineers, etc.

Class 43: Restaurants and Hotel

Any service rendered either by a person or an organization, dealing in the preparation of food for consumption, or providing a bed for stay is covered under the ambit of Class 43 of the classes of trademark. It also includes the services for the reservation of stay provided for animals.

Moreover, this class of trademark also includes the following listed services: 

• Rental of Drinking Water Dispensers,
• Cooking Apparatus,
• Furniture,
• Lighting Apparatus (except the one used for the theatrical sets or television studios).

However, this class does not embrace the below-listed services:

• Boarding Schools,
• Arranging Travel,
• Permanent Accommodation Rental Services.

Example: Residence Inn Marriott by the Marriott Worldwide Corporation.

Class 44: Medical, Beauty and Agricultural

Class 44 deals with the Trademark Registration concerning Medical Service, Hygiene, and Beauty Care. This class of trademark also services relating to forestry, horticulture, and agriculture. Lastly, class 44 of the classes of trademark also talks about the services like plant growth and animal breeding.

Class 45: Legal, Social and Security Services

Any service concerning legal, social or security domain is covered under this class. It also includes the services relating to the Surveillance of people for the safety and protection of their interests and well-being. Moreover, this class of the classes of trademark also embraces social projects like the funeral and matrimonial Services, etc.

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