What Is Trademark Class and Its Classification?

Trademark Class

What Is Trademark Class and Its Classification?

Jul 1, 2021 Trademark by admin

Whenever you want to register your trademark, it’s important for you to find out beforehand under which trademark class does your product or service falls into. In this article, you’ll know about the trademark classes and their classification.

What is a trademark class?

When you try to find out whether the trademark you’ve decided for your business is unique, you go to the Trademark Public Search portal. There, the data that you’d need to fill are:

  • Trademark name, and
  • Trademark class

Trademark name is basically your brand name. You can play around with the options to see how much similar your brand name is to another trademark. However, what makes the public search process unique is the trademark class.

What is a trademark class?

Based on the products and services that exist in India, and the world, there are 45 trademark classes. When you go through the trademark registration process, you apply for trademark in one or some of these trademark classes. It all depends upon how widespread you want the trademark protection to be.

Why it’s important to choose the trademark class?

There is only one simple reason: you can have similar trademark as a registered one if that registered trademark doesn’t belong to your class. For instance, suppose you try to register your trademark under the cloth category, but it’s already registered in the alcohol category; you can go through the trademark registration process. The trademark class list has carefully defined each and every trademark class and the products that fall under them.

Let’s now look into the list of trademarks class-es in India

As we have already explained, there are 45 trademark classes in total. Now, the first 34 have been reserve for specific products. The rest 11 are reserved for particular services. Following is the classification of them all.

S.No

Class

Description

1.

Class 1

This class covers chemicals that are used in industry, photography, forestry, unprocessed artificial resins, Tanning and adhesive substances etc.

2.

Class 2

This class is specific to paintings, coals & pigmentation, lacquers, mordants, printing, and art etc.

3

Class 3

Cleaning products, cosmetics, bleach and abrasives, laundry products, essential oils etc. are the part of this trademark class

4.

Class 4

All the hard products related to the industry such as fuels, industrial oil, greases, illuminates, wetting and binding compositions, fuels, wicks etc. come under this class

5.

Class 5

When you want to register your business of pharmaceuticals, veterinary products, dietetic, dental wax, disinfectants, herbicides, fungicides etc. you opt for this trademark class

6.

Class 6

Most of the metal and related products including metal castings, hardware, locks and safes, common metal and their alloys, building material (metal), other metals are not included in any other class etc. are covered under this class.

7.

Class 7

Machine and machine parts (minus land vehicles), incubators for eggs etc. are covered under this class

8.

Class 8

When you want to register your trade that constitute of Implements and hand tools, cutlery and razors etc, you choose this class

9.

Class 9

Majority of office materials including cash registers, calculating machines and data processing equipment, teaching apparatus, magnetic data carriers, etc are part of this class

10.

Class 10

Nuanced medical products like surgical, medical and dental apparatus, artificial limbs, eyes teeth etc. are part of class 10

11.

Class 11

Apparatus for heating, lighting, steam generating, cooking, refrigerating, dying etc. are included in this class

12.

Class 12

All the apparatus for transportation or locomotion by land, water, and air. are part of this class

13.

Class 13

Are you in the business of ammunition, firearms, explosives, fireworks etc? If you are, class 13 is the one to choose.

14.

Class 14

Most Precious metal and their alloys and products in precious metals, jewellery etc. fall under this class

15.

Class 15

This class entails Musical instruments and their components.

16.

Class 16

A lot of office stationery including cardboard, paper, and goods made from these materials, print matter, bookbinding, paint brushes, playing cards, printing blocks etc. are part of class 16

17.

Class 17

Products that include rubber, gum, asbestos, mica, and products that are made from these materials and not included in other classes.

18.

Class 18

Products consisting of Leather and leather-like, and articles which are made from these items and not included in other classes, animal skins, and hides etc.

19.

Class 19

It entails Non–metallic rigid pipes for buildings, asphalt, pitch, and bitumen etc.

20.

Class 20

This class is the one to choose if your products are picture frames, mirrors, Furniture of wood, cork, reed, cane and not included in any other category.

21.

Class 21

Major household and kitchen utensils, brush making material, articles for cleaning purposes etc fall under this class

22.

Class 22

Fibre products like Nets, ropes, strings, sails, sacks and bags and fibrous textile materials etc. come under this class.

23.

Class 23

This class entails products like yams and threads for textile uses.

24.

Class 24

This class entails textile and textile goods which are not included in the other classes.

25.

Class 25

Clothing, footwear, and headgear are part of this class

26.

Class 26 and 27

 Products like non-textile carpet, rugs, wall hangings, linoleum, and other materials which are used for covering floors are included in these classes

27.

Class 28

Products like game and playthings, and other sporting items which are not covered under any other class. Christmas decorations.

28.

Class 29

This class includes poultry items, jams, eggs etc oils and edible oils.

29.

Class 30

This class includes coffee, tea, sugar, cocoa, rice, tapioca, spices etc.

30.

Class 31

This class includes horticulture, agriculture and forestry grains which are not included in any other class. Fresh fruits and vegetable, seeds, malt etc.

31.

Class 32

This class includes aerated drinks, beer, non-alcoholic drinks (including juices and fruits drinks) and other things which are used for preparing beverages.

32.

Class 33

All alcoholic beverages (excluding beer) are included in this class

33.

Class 34

Matches, smoker’s articles, tobacco etc are part of this final class for products.

Also Read about: How to search a trademark in India?

Following are the classes given to specific services

S. No

Class

Description

1.

Class 35

Advertising and Business In this class, services which help the management in managing the affairs, the organization (commercial organization) are included. Any advertising activity in which any announcement is made to the general public at large or concerns any type of goods and services are included.

2.

Class 36

Insurance and Financial In this class, activities relating to insurance, finance sector or the monetary sector are included.

3.

class 37

Construction and Repair In this class, the work done by contractors, sub contractors, in the making or repairing work of buildings, or any restoration of work to its original state is included.

4.

Class 38

Communication In this class, services which help in communicating anything between people is covered, whether oral or visual.

5.

Class 39

Transportation and storage In this class, any service related to storage of goods in a warehouse or any other place or transporting them from one place to another is included. The transportation can be via land, air or water.

6.

Class 40

Material treatment In this class, any service which involves changing of a chemical or the mechanical composition of a substance is included. Or any other service not included in any other class on the same lines.

7.

Class 41

Education and Entertainment In this class, any service which improves the knowledge or mental capacity of a person or animal is included. It also includes services which entertain people or animals.

8.

Class 42

Any scientific and technological services or research or any development of any computer hardware or software or any legal services. It particularly includes the services provided by an engineer (designing, making blueprints etc) or any research for medical services. But it does not include any services under business research covered under class 35, or any service under the class 36, 37, 44.

9.

Class 43

Temporary Accommodations Any service provided by a person or establishment which included the preparation of food or drinks for consumption services, or providing a bed for stay is covered under this class. It includes the services for reservation or a place of stay provided for animals. It specifically does not include any service covered under the classes 36, 39, 40, 41 and 44.

10.

Class 44

Medical Services This class covers the services related to hygiene, medical services, first aid, beauty parlor services to human beings or animals. It also includes the services which are related to the field of horticulture or agriculture but does not include the services which are already covered under classes 37, 39, 40, 41,42,43. It particularly includes the services of breeding of animals, services relating to plant growth, medical advice, services relating to artificial insemination.

11.

Class 45

Any personal or social service is covered under this class. It includes surveillance of people for the protection of their interest, safety and wellbeing. It includes social projects like matrimony services, funeral services, etc. It does not include any services which are already covered under the classes 35, 36, 39, 41, 42, 44 or any car rental services.

If the above description is still confusing to you, make sure to reach out to Regalguru for further information.