India's 45-Class Nice Classification System
India uses the Nice Classification (NCL, 11th Edition) — an international system of 45 trademark classes used by 150+ countries. Understanding the class system is essential for both searching and filing.
| Range | Type | Examples |
|---|---|---|
| Classes 1–34 | Goods | Chemicals (1), Cosmetics (3), Electronics (9), Clothing (25), Food (29,30) |
| Classes 35–45 | Services | Retail/Advertising (35), Finance (36), IT (42), Education (41), Healthcare (44) |
How to Find Your Correct Trademark Class
| Your Business | Primary Class | Also Search |
|---|---|---|
| Clothing / fashion brand | Class 25 | Class 24 (fabrics), Class 35 (retail) |
| Skincare / cosmetics | Class 3 | Class 5 (medicated), Class 44 (salon) |
| Pharmaceuticals / Ayurvedic | Class 5 | Class 3 (cosmetic variants) |
| Food products / packaged food | Class 29 / 30 | Class 32 (beverages), Class 43 (restaurants) |
| Software / SaaS / apps | Class 42 | Class 35 (business), Class 9 (hardware) |
| Restaurant / café / hotel | Class 43 | Class 29/30 (packaged food) |
| Education / coaching | Class 41 | Class 42 (platform), Class 16 (books) |
| Financial services / fintech | Class 36 | Class 42 (technology) |
| E-commerce / D2C store | Product class | Class 35 always |
| Healthcare / hospital / clinic | Class 44 | Class 5 (medicines), Class 41 (health education) |
Why You Must Search Multiple Classes
A trademark only protects you in the classes you file in. But when searching for conflicts, you must look beyond your primary class because:
- Well-known marks get cross-class protection — "TATA" or "AMUL" in any class can block you in other classes under Section 11(2)
- Related goods/services share markets — A conflict in Class 29 (processed food) is relevant if you are filing in Class 30 (staple foods) because consumers may assume a business connection
- Examiners think like consumers — They consider whether an average consumer would be confused, not just whether the exact class matches
💡 Best Practice
Search your primary class, then search all related/adjacent classes. For a food brand: Classes 29, 30, 31, 32, and 43. For a tech startup: Classes 35, 38, 41, and 42. Spend 20 minutes searching multiple classes now versus months dealing with an objection later.Advanced Search Techniques on IP India
- Use * as wildcard — Searching "NOVA*" finds NOVA, NOVAK, NOVAFRESH, NOVATECH etc.
- Search partial words — If your brand contains a distinctive word like "FRESH," searching "FRESH" in your class finds all marks with that word.
- Run phonetic search — Type your name and select Phonetic Search to find sounds-alike conflicts.
- Try Hindi/transliteration — If your brand has an English name that could be interpreted as a Hindi word, search both forms.
- Check proprietor search — Search key competitors to see all their registered marks in all classes.
Frequently Asked Questions
File a separate application for each class (or include all classes in one multi-class application). You pay the government fee per class. Each class gives you independent protection.
Only if there is no likelihood of confusion — and this is rare in the same class for similar goods/services. IP India examiners will raise Section 11 objection if an identical or similar mark exists in the same class.
Class 42 (IT and Technology Services) is the primary class for mobile apps. Also consider Class 9 (downloadable software), Class 35 (if the app provides business/advertising services), and Class 41 (if it's an educational app).
No — Class 35 protects your retail service brand, not the products themselves. File in your product class (e.g., Class 25 for clothing) to protect the product brand. File in Class 35 to protect the retail/online store brand. You need both.
Yes — once filed, you cannot add or change classes without filing a new application. Select all relevant classes at the time of filing. This is why class consultation with an attorney before filing is recommended.
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