Trademark class
What Trademark class means, how it works, a worked example, the mistakes we see and the questions founders ask.
DefinitionA trademark class is one of the 45 categories in the Nice Classification, 1 to 34 for goods and 35 to 45 for services, in which a mark is registered and protected.
A trademark is protected only for the classes it is registered in, so the class decides what your rights cover. A software startup typically files in class 9 (software products) and class 42 (software as a service), an online store in class 35 (retail and e-commerce), a restaurant in class 43, and a clothing brand in class 25. Each class carries its own government fee of ₹4,500 for individuals, startups and MSMEs or ₹9,000 for others. You meet classes when filing TM-A and when the Registry cites an earlier mark in the same class in its examination report. What it means for you: the same word can be owned by different businesses in different classes, so a search must be class-specific, and adding a class later means a fresh application with a fresh date, so cover your core and next-year activities at the outset.
How Trademark class works
India follows the Nice Classification administered by WIPO, now in its twelfth edition with annual versions; the 2026 version applies to applications filed this year. Goods fall in classes 1 to 34 and services in 35 to 45. Each class has a heading and an alphabetical list of accepted goods and services, and the Registry's online classification search and WIPO's Madrid Goods and Services Manager show which class an item belongs to. A product can fall in one class and the service of providing or selling it in another, which is why most brands need two or three.
The classes founders meet most: 9 for downloadable software, apps and electronics; 42 for software as a service, platform hosting and software development; 35 for retail, e-commerce, advertising and business consulting; 41 for education, training and entertainment; 36 for financial services, insurance and fintech; 43 for restaurants, cafes and cloud kitchens; 44 for medical and wellness services; 39 for logistics and travel; 25 for clothing and footwear; 3 for cosmetics; 5 for pharmaceuticals and supplements; 29 and 30 for processed foods and packaged snacks; and 32 for beverages.
The class decides the search, the fee and the scope of the right. A search on the IP India portal is run per class, with wordmark and phonetic options, and an earlier mark in a different class is generally not an obstacle unless it is well known. Each class costs ₹4,500 or ₹9,000 on TM-A. Registration protects the mark for the goods and services specified in the class, and infringement is tested against similar goods, so the specification wording matters as much as the class number. Nice class headings should not be used as the specification; the Registry asks for specific items.
A Bengaluru startup builds an app that lets users book home tutors. It files its name in class 9 (downloadable mobile application), class 42 (providing an online platform as software as a service), class 41 (tutoring and education services) and class 35 (online marketplace services for connecting tutors and students), paying ₹18,000 as a DPIIT-recognised startup. A search before filing finds a similar mark in class 25 for clothing, which does not block the filing because the goods are unrelated.
Mistakes we see with Trademark class
- Filing software only in class 9 when the product is a hosted platform, which is class 42, so the registration covers the app download but not the service.
- Registering a restaurant brand in class 30 (foodstuffs) instead of class 43 (restaurant services), or a retailer in the goods class instead of class 35.
- Using the Nice class heading as the specification, which the Registry objects to and which can be read narrowly in a dispute.
- Adding a class two years after launch, when a competitor's intervening filing in that class now has the earlier date.
Last updated 19 October 2026. Checked against the MCA, GST, Income-tax and Trade Marks rules in force for October 2026.
Where you will meet this term
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Questions founders ask about Trademark class
How many trademark classes are there and how do I choose?
Forty-five: 1 to 34 for goods and 35 to 45 for services. Choose by what you sell and what you do: the goods class for products you make or brand, and the service class for what you provide. Most startups need two to four classes covering the product, the platform or service, and retail or advertising activity.
Can two companies own the same trademark in different classes?
Yes, unless the earlier mark is well known. ROYAL in class 30 for rice and ROYAL in class 12 for vehicles can coexist. A class-specific search before filing shows whether the same or a similar mark exists in your classes, which is what matters for an examination report.
What class is a SaaS or software product in?
Downloadable software and apps are goods in class 9. Software provided online without download, platform hosting and software development are services in class 42. Most software companies file in both, and add class 35 if the platform is a marketplace or the business sells advertising.