Indian Trademark Registration Classes
An Overview of Trademark Classification in India
Trademarks play a crucial role in protecting the identity and the intellectual property of businesses. In India, trademarks are categorized into different classes to streamline the registration process and to ensure that similar trademarks do not conflict with one another across various industries. Understanding these classes is essential for businesses seeking to register their trademarks and protect their brand identity.
Introduction to Trademark Classes in India
The Indian Trademark Act, 1999, provides for the classification of goods and services for the purpose of trademark registration. This classification system is based on the Nice Classification, an international system established by the Nice Agreement (1957). The Nice Classification categorizes goods and services into 45 distinct classes, with 34 classes dedicated to goods and 11 classes to services.
Trademark Classes for Goods
Goods are divided into 34 classes, each representing a specific category of products. Below is a brief overview of some of these classes:
Class 1 to Class 17: Industrial and Chemical Products
- Class 1: Chemicals used in industry, science, and photography, as well as in agriculture, horticulture, and forestry.
- Class 2: Paints, varnishes, lacquers, preservatives against rust, and wood deterioration.
- Class 3: Cleaning, polishing, scouring, and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, and dentifrices.
- Class 4: Industrial oils and greases, lubricants, dust absorbing, wetting, and binding compositions, fuels, and illuminants.
- Class 5: Pharmaceutical and veterinary preparations, sanitary preparations for medical purposes.
- Class 6: Common metals and their alloys, metal building materials, transportable buildings of metal.
- Class 7: Machines and machine tools, motors and engines (except for land vehicles).
- Class 8: Hand tools and implements, cutlery, side arms, razors.
- Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving, and teaching apparatus and instruments.
- Class 10: Surgical, medical, dental, and veterinary apparatus and instruments.
- Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
- Class 12: Vehicles and apparatus for locomotion by land, air, or water.
- Class 13: Firearms, ammunition, and projectiles, explosives, fireworks.
- Class 14: Precious metals and their alloys, jewelry, precious and semi-precious stones, horological and chronometric instruments.
- Class 15: Musical instruments.
- Class 16: Paper, cardboard, and goods made from these materials, not included in other classes; printed matter, bookbinding material.
- Class 17: Rubber, gutta-percha, gum, asbestos, mica, and goods made from these materials, plastics in extruded form for use in manufacture.
Class 18 to Class 34: Consumer Goods
- Class 18: Leather and imitations of leather, and goods made of these materials, animal skins, hides.
- Class 19: Building materials (non-metallic), non-metallic rigid pipes for building.
- Class 20: Furniture, mirrors, picture frames, goods (not included in other classes) of wood, cork, reed, cane, wicker.
- Class 21: Household or kitchen utensils and containers, combs and sponges, brushes, brush-making materials.
- Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes).
- Class 23: Yarns and threads, for textile use.
- Class 24: Textiles and textile goods, not included in other classes, bed and table covers.
- Class 25: Clothing, footwear, headgear.
- Class 26: Lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles.
- Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors.
- Class 28: Games and playthings, gymnastic and sporting articles not included in other classes.
- Class 29: Meat, fish, poultry, and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products.
- Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals.
- Class 31: Agricultural, horticultural, and forestry products and grains, live animals.
- Class 32: Beers, mineral and aerated waters, and other non-alcoholic drinks.
- Class 33: Alcoholic beverages (except beers).
- Class 34: Tobacco, smokers’ articles, matches.
Trademark Classes for Services
Services are categorized into 11 classes, each representing a specific category of service offerings. Below is a brief overview of these classes:
Class 35 to Class 45: Services
- Class 35: Advertising, business management, business administration, office functions.
- Class 36: Insurance, financial affairs, monetary affairs, real estate affairs.
- Class 37: Building construction, repair, installation services.
- Class 38: Telecommunications.
- Class 39: Transport, packaging and storage of goods, travel arrangement.
- Class 40: Treatment of materials.
- Class 41: Education, providing of training, entertainment, sporting and cultural activities.
- Class 42: Scientific and technological services and research and design relating thereto, industrial analysis and research services.
- Class 43: Services for providing food and drink, temporary accommodation.
- Class 44: Medical services, veterinary services, hygienic and beauty care for human beings or animals.
- Class 45: Legal services, security services for the physical protection of tangible property and individuals, personal and social services rendered by others to meet the needs of individuals.
Conclusion
Understanding the classification of goods and services under the Indian Trademark Act is essential for businesses seeking trademark registration. It helps in identifying the appropriate classes for their products and services, ensuring comprehensive protection of their intellectual property. By categorizing goods and services into specific classes, the trademark system in India provides a structured and organized approach to trademark registration and helps prevent conflicts between similar trademarks in different industries.