When people think of trademarks, they usually imagine fancy logos and catchy brand names. What many founders don’t realise is this: a trademark is only as strong as the class it is filed under. Choosing the wrong class is like installing a lock on the wrong door — the brand can still be stolen from the right one.

So, what exactly is a trademark class and how do you select the correct one before filing? Here is the simple, practical explanation.

What is a Trademark Class?

A trademark class is a category of goods or services used in business. The world follows the Nice Classification system, which divides economic activity into 45 classes:

a. Classes 1–34: Goods
b. Classes 35–45: Services

The idea is straightforward:
You don’t get a monopoly over everything, only over the category in which you operate.

Example:

a. “TATA” for automobiles (Class 12)
b. doesn’t block someone using “TATA” for shoes (Class 25)

Unless, of course, it is  a famous mark. But that is another story.

Why Do We Need Classes?

Without classes, every new trademark would clash with every old one. A food brand, a mobile app, and a hospital could not coexist with similar names.

Classes create commercial boundaries.

They answer the question:
What business are you protecting?

Who Created Trademark Classes?

The system originates from the Nice Agreement (1957) administered by WIPO. Each trademark office adopts this system, including India.

Where Do Classes Matter?

Everywhere:

a. In trademark search
b. In application filing
c. In objections
d. In infringement actions

If the wrong class is chosen, your protection is incomplete. Competitors slip through the cracks.

When Does Class Selection Become Critical?

Class selection becomes mission-critical when there is:

a. A new product launch
b. Business expansion
c. Licensing or franchising
d. International filing

A clever founder files before marketing begins, not after being copied.

Which Classes Cover Which Businesses? (Complete List – Short Format)

Goods – Classes 1 to 34

a. 01–04: Chemicals, paints, oils
b. 05: Pharmaceuticals, health
c. 06–14: Metals, machines, tools, jewellery
d. 15–16: Musical instruments, stationery
e. 17–22: Rubber, insulation, ropes, textiles
f. 23–26: Yarns, clothing accessories
g. 27–28: Carpets, games/sports equipment
h. 29–33: Food items, beverages
i. 34: Tobacco products

Services – Classes 35 to 45

a. 35: Business management, advertising, retail
b. 36: Finance, insurance, real estate
c. 37–39: Construction, repair, transportation
d. 40–42: Manufacturing, tech, scientific services
e. 43: Hotels, food services
f. 44: Medical & beauty services
g. 45: Legal, security, personal services

These are not textbook definitions; they are real-world descriptions.

How to Identify the Right Class? (A Practical Rule)

Follow this decision ladder:

Step 1: What do you sell?

a. A product → Goods class
b. A service → Services class
c. Both? → Multiple classes

Step 2: Where will the brand be used?

Think operationally, not emotionally.

Example:

“We sell coffee and also offer a café.”

a. Packaged coffee → Class 30
b. Café services → Class 43

Two filings. Brands make this mistake all the time.

Step 3: What about future expansion?

Trademark is a long-term investment. If your 3-year plan includes clothing, file Class 25 today. Defensive strategy is cheaper than litigation.

What Happens If You Choose the Wrong Class?

Three common losses:

1. The application is objected
2. Competitors use similar name in other categories
3. Your brand becomes weak in valuation terms

Investors and buyers always ask:

“Is the trademark registered in relevant classes?”

If the answer is vague, valuation collapses.

Real-World Example

A start-up launched a natural skin-care brand. They filed only under:

a. Class 03(cosmetics)

They ignored packaging and e-commerce. A competitor registered a similar name under:

a. Class 20(containers)
b. Class 35(online retail)

Result:

a. They could not stop selling similar products online.

Class selection was the real weak spot.

How Many Classes Can You File?

As many as you need. There is no maximum, only costs.

Big brands routinely file multiple classes:

a. Nike→ clothes, shoes, bags, software, sports equipment
b. Apple→ electronics, music services, retail

A brand is not a logo — it is an ecosystem.

Why Do Most Objections Happen?

Not because the name is bad.
But because:

a. Applicant selects the wrong class
b. Description is too broad or too narrow

Classes and description work like a GPS:

a. Wrong location → wrong destination.

Important Tip: Draft Description Carefully

Avoid generic lines like:

“All goods included in the class.”

This triggers the examiner.

Write specifically:

“Coffee beans, ground coffee, instant coffee, café beverages.”

Specific = stronger.

Conclusion

A trademark class is not an administrative formality. It is the engine room of brand protection. The more precise the class selection, the more powerful the trademark.

A great name without the right class is like building a house without a foundation — beautiful but vulnerable.

For any clarifications or queries, please feel free to reach out to us at:
admin@fintracadvisors.com

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