Trademark classes in India follow the Nice classification: 45 classes, with Classes 1 to 34 for goods and 35 to 45 for services, and a registration protects your mark only for the goods and services in the classes you file. The official fee is charged per class, so the class list decides both your protection and your cost: ₹4,500 a class online for individuals, startups and small enterprises, and ₹9,000 for others. This guide explains how to work out which trademark class fits your business, how the Nice system works in India and how to avoid the class mistakes that cost a filing date.
How to work out which trademark class fits your business
List every product and service you will sell under the brand, then find the class for each item rather than for the business as a whole. A bakery, for example, sells goods in Class 30 and may also offer a retail or cafe service in Class 35 or 43.
- Write down each product and each service the brand will cover, now and in the next few years.
- Type each one into the finder above and note the class it lands in.
- Read the class heading and what it excludes. Many goods sit in a class you would not guess (see the table below).
- Add the service classes for how you sell: Class 35 for your own shop or online store, Class 43 for a restaurant or cafe, Class 42 for software you run for customers.
- Search the IP India trademark register for identical or similar marks in each class you picked.
- Decide between one multi-class application or separate applications, then file Form TM-A.
How does the Nice classification work in India?
Rule 20 of the Trade Marks Rules 2017 requires goods and services to be classified under the current edition of WIPO's International Classification of Goods and Services (the Nice classification). The current version is NCL 13-2026, in force since 1 January 2026, and WIPO has already published NCL 13-2027 in advance.
India joined the Nice Agreement with effect from 7 September 2019. The same rule 20 requires the Registrar to publish a class-wise and alphabetical index that includes goods and services of Indian origin. Indian terms such as ghee, atta or agarbatti do not always appear word for word in WIPO's list, so the finder places them by class heading and explanatory note.
The classification changes from edition to edition. Under NCL 13-2026, spectacles, sunglasses and contact lenses are in Class 10, while the 2025 version listed sunglasses in Class 9. When the classification is amended, a registered owner can apply on Form TM-P to bring the specification of an existing registration into line with it (rule 105).
Worked example: classes and fees for a tea brand with a cafe
A brand that sells packaged tea, runs a cafe and sells through its own website needs three classes: Class 30 for the tea, Class 43 for the cafe and Class 35 for the online store. At the official e-filing fee, that is ₹13,500 for an individual, startup or small enterprise and ₹27,000 for other applicants.
Example. Leafline Teas (a made-up brand) sells loose-leaf and packaged tea, runs one cafe and takes orders on its own website. The finder places tea in Class 30, a cafe in Class 43 and retail or e-commerce in Class 35. Filed online by the founder as an individual, the government fee is 3 × ₹4,500 = ₹13,500. If the brand is owned by a private limited company that is neither a recognised startup nor a small enterprise, it is 3 × ₹9,000 = ₹27,000. A paper filing would cost ₹15,000 or ₹30,000. If Leafline later adds a medicinal herbal tea, the finder flags that it belongs in Class 5, not Class 30, so it needs a fourth class.
The lower rate is not automatic. Under rule 2 of the Trade Marks Rules 2017, a startup means an entity recognised as a startup under the Startup India initiative, and a small enterprise is defined by reference to the investment limits in the MSMED Act. Form TM-A asks startups and small enterprises to provide the supporting certificate. The Startup India Eligibility Checker shows whether you qualify for Startup India recognition.
Goods and services that sit in an unexpected class
The class follows the nature and function of the product, not the industry you are in. That is why the same business can end up in several classes, and why a good guess can still be wrong.
| Product or service | Class | Not |
|---|---|---|
| Medicinal herbal tea | 5 | 30 (ordinary tea) |
| Sunglasses | 10 | 9 (as listed in NCL 12-2025) |
| Yoga mats | 27 | 28 (yoga blocks and straps are 28) |
| Pesticides, fungicides and herbicides | 5 | 1 (industrial chemicals) |
| Milk drinks where milk predominates, even if flavoured with coffee or tea | 29 | 30 |
| Clothing for pets | 18 | 25 |
| Graphic design of promotional material | 42 | 35 (advertising) |
| Custom manufacturing for others, to their specification | 40 | The class of the goods you make under your own brand |
Selling is not a class of its own. Your goods go in their own classes, and Class 35 covers the retail or online-store service only if you want to protect the shop's name as a store.
How broad should the list of goods and services be?
Describe what you actually sell or plan to sell, using the Registrar's terms where you can. Under rule 23(5), the Registrar may refuse an application that claims every item in a class, or a large variety of items, unless the use or intended use of the mark justifies it.
- One application covers one mark, in as many classes as you need (rule 23(4)). The fee is charged for each class and each mark.
- The names of goods and services should, as far as possible, match the Registrar's published classification (proviso to rule 23(5)).
- A wider specification also widens the set of earlier marks the examiner compares yours with, which can lead to an objection. The Trademark Status and Deadline Tool explains each stage after filing.
Can a class be corrected after you file?
Only in narrow cases. Goods you left out need a new application with a later filing date: rule 37 bars any amendment that brings in goods or services not included in the application as filed. Rule 23(6) covers goods already listed: if they fall in further classes, you restrict the list or add those classes on Form TM-M with the fee.
If every item you listed belongs in a different class from the one you chose, the Registrar may allow the class to be corrected, again on Form TM-M. Neither route lets you widen the specification, so the list of goods and services matters more than the class number you start with.
Common mistakes when choosing trademark classes
The most common mistake is filing only the class of the business type and missing the class of the products sold under the same name. Others come from older class lists and from treating manufacturing as a service.
- Filing a product brand only in Class 35. Class 35 protects a retail service, not the goods on the shelf.
- Filing your own manufactured goods in Class 40. Class 40 is for custom work done for others.
- Filing an app only in Class 9 and forgetting the class of the service the app delivers, such as Class 39 for delivery or Class 41 for courses.
- Copying a trademark class list made before 1 January 2026 for eyewear or yoga goods.
- Skipping the register search in one of the classes you file.
How Ofin can help with trademark classes
Ofin's trademark registration starts at ₹6,999 for one class with the government fee included, after a free search report on the classes you need. If the examiner objects, Ofin drafts the objection reply from ₹2,499.
