Trademark classes and how to search before you file

India follows the international Nice Classification, which divides all goods and services into 45 trademark classes: Classes 1 to 34 are for goods and Classes 35 to 45 are for services. Before filing, you pick every class that matches what you sell and search the free Public Search tool on the IP India portal to check whether an identical or similar mark already exists in those classes.

Getting the class right and searching properly are the two steps that decide whether your application sails through or runs into objections. This chapter explains both in plain terms.

What is a trademark class?

A trademark is not protected for everything in the world. It is protected only for the goods or services you list in your application. To keep this organised, goods and services are grouped into numbered "classes" under the Nice Classification, an international system maintained by the World Intellectual Property Organization (WIPO). India uses it through Rule 20 of the Trade Marks Rules, 2017, which requires the current edition of the Nice Classification to be followed.

Two businesses can often use the same word in completely unrelated classes — for example, a name used for cement and the same name used for a dance class — because buyers are unlikely to be confused. The protection is strongest in the classes you register, and the Registry also considers "similar" goods or services in nearby classes.

Which class should I choose? Common examples

Class	Covers (examples)	Typical business
3	Cosmetics, soaps, perfumes, cleaning preparations	Skincare brand
5	Pharmaceuticals, medical preparations, dietary supplements	Pharma or nutraceutical company
9	Downloadable software, mobile apps, electronics	App or gadget company
16	Paper, printed matter, stationery, office requisites, stamps (seals), inking pads	Stationery or rubber-stamp maker
25	Clothing, footwear, headgear	Apparel brand
29 / 30	Processed foods (29); tea, coffee, bakery, spices, snacks (30)	Packaged food brand
35	Advertising, business management and consultancy, retail and online store services	Consultants, e-commerce stores
36	Financial, insurance and real-estate services	Fintech, real-estate firm
41	Education, training, entertainment	Coaching institute, online courses
42	Software design and development, SaaS, IT and scientific services	Software or tech services company
43	Restaurants, cafés, catering, temporary accommodation	Restaurant or cloud kitchen
45	Legal services, security services, personal and social services	Law firm, security agency

The full list with every class heading and item is published by WIPO (the Nice Classification) and is also available through the class-details search on the IP India public search portal.

Tips for choosing classes

• Protect what you sell now and in the near future. A clothing brand that also plans an online store may need Class 25 (clothing) and Class 35 (retail services).
• Software is usually two classes. Downloadable apps fall in Class 9; software offered as a service (SaaS) or development work falls in Class 42.
• Each class costs a separate fee. One Form TM-A can cover several classes, but the official fee is charged per class (see How to file a Trademark application (Form TM-A): documents and fees).
• Describe goods or services accurately. Use clear terms rather than copying an entire class heading for things you will never sell. A narrow, honest description is easier to defend.

Why search before you file?

The Registry examines every application against earlier marks already on the register or already applied for. If a similar mark exists in the same or related class, the examiner will raise an objection under Section 11 of the Trade Marks Act, 1999. The earlier owner may also oppose your mark after it is published. A search takes a little time now and can save you a year of dispute — and the cost of rebranding later.

How to do a trademark public search on IP India

The Trade Marks Registry offers a free Public Search tool. The steps are broadly as follows (the portal layout changes from time to time):

1. Open the Public Search page and log in or verify as required on the portal.
2. Choose the search type. "Wordmark" searches the words of a mark. "Vienna Code" searches logos by their picture elements (for example, a star or a lion). "Proprietor" searches by owner name.
3. Choose how to match. "Start with", "Contains" and "Match with" find spelling variations. "Phonetic" finds marks that sound alike — important, because a mark that sounds similar can still be refused.
4. Enter your class. Search your main class, then related classes (for example, 29, 30 and 43 for a food business).
5. Read the results. Note each similar mark's status — registered, objected, opposed, abandoned, refused or withdrawn — and the goods or services it covers.
6. Check details. Use the application number to open the full record and status on the Registry's e-register.

How to read your search results

• Identical mark, same class, "Registered" or pending: high risk. Consider changing your brand.
• Similar-sounding or similar-looking mark in the same or related class: real risk of objection. Think carefully before investing in the name.
• Mark marked "Abandoned", "Refused" or "Withdrawn": usually not a bar, but the earlier user may still be using the name in the market.
• Same word only in unrelated classes: often acceptable, unless the earlier mark is a well-known trademark, which gets protection across classes.

Also search beyond the register. Check Google, marketplaces, social media handles and the MCA company-name search. An unregistered earlier user with a genuine reputation can still bring a passing-off case against you, even if nothing shows up on the Registry.

Is there an official search certificate?

Yes. You can ask the Registrar for an official search report on Form TM-C (the official fee is ₹9,000 by e-filing, as listed in the IP India forms and official fees page). Most applicants rely on the free public search, but the paid report is an option.

Key takeaways

• India uses the 45 Nice classes: 1–34 for goods and 35–45 for services.
• Your trademark is protected only for the goods or services and classes you list; each class needs its own fee.
• Search the free IP India Public Search by wordmark, phonetic match and Vienna code in every relevant class before you file.
• Also check the market, marketplaces and MCA names — an earlier unregistered user can still object.