Trademark class selection is the single most important — and most undocumented — step in any Indian trademark application. Pick the wrong class and your registration is worthless against the very brands trying to copy you. Pick too many classes and you've inflated cost by 4x with classes you'll never enforce. The Nice Classification (NCL) divides every conceivable good and service into 45 classes — but Indian registry practice has its own quirks that boilerplate guides ignore. Here's the no-nonsense guide.
What is the Nice Classification (NCL) and why does it matter?
India adopted the Nice Classification under the Trade Marks Act, 1999. There are 45 classes total — Classes 1-34 cover goods (physical products) and Classes 35-45 cover services. A trademark registered in one class protects you ONLY for the goods/services within that class. You need a separate registration in every class where your brand operates.
The Registry uses the WIPO 12th edition NCL (effective 2024-onwards) with India-specific clarifications. A common assumption — "I'll just register in class 9 and 35 because that's what every tech company does" — is exactly how brands lose protection over their core products.
How do I know which class my product or service falls into?
Start with the actual goods or services you sell or will sell within 5 years. Don't pick classes based on what others in your sector do; that's a copy-paste trap.
| Industry / use case | Primary class(es) | Common secondary classes |
|---|---|---|
| SaaS / Software-as-a-Service | 9 (downloadable software), 42 (SaaS) | 35 (business consulting), 38 (telecom) |
| E-commerce platform | 35 (retailing, B2B/B2C) | 9 (mobile app), 42 (platform technology) |
| Clothing brand | 25 (apparel) | 35 (retail of apparel), 18 (accessories) |
| Food product (FMCG) | 29 (meat/dairy/processed), 30 (snacks/spices), 32 (beverages) | 35 (retail) |
| Restaurant / cloud kitchen | 43 (food services) | 29, 30 (if branded products) |
| Mobile app (gaming) | 9 (downloadable), 41 (entertainment), 42 (online platform) | — |
| Cosmetics / personal care | 3 (cosmetics) | 35 (retail), 44 (beauty services) |
| EdTech | 41 (education), 42 (platform) | 9 (downloadable content) |
| FinTech / payments | 36 (financial services), 42 (platform) | 9 (app), 35 (data services) |
| Logistics / delivery | 39 (transport) | 35 (online ordering) |
What are the most common class-selection mistakes?
- Registering only the platform class (35 or 42) but not the actual physical product class. If you sell clothes online, registering only in class 35 (retail) lets a competitor sell counterfeit clothes under your brand in class 25 — and they're legally untouchable.
- Skipping class 35 for D2C brands — class 35 covers "the bringing together for the benefit of others, of a variety of goods, enabling customers to view and purchase those goods". Most D2C brands NEED this for online retail protection.
- Confusing class 9 vs 42 for SaaS. Class 9 = downloadable software (mobile app, desktop installer). Class 42 = SaaS / cloud-hosted. Most modern startups need BOTH.
- Registering "all 45 classes" — wastes ₹1.6+ lakh and many will be opposed for non-use within 5 years.
- Wrong NCL specification — within a class, you describe goods using the WIPO-approved English; deviating leads to office objections under section 9 / 11.
How much does each class cost?
Government fee per class:
- Individual / startup / small enterprise: ₹4,500 per class (e-filing)
- Other applicants (large companies): ₹9,000 per class (e-filing)
Add ₹2,000 – ₹6,000 per class in professional fees. So registering in 3 classes as a startup costs roughly ₹19,500 – ₹25,500 total.
Startup discount: DPIIT-recognised startups, women-led businesses, and individuals pay 50% lower government fees — making class selection more affordable but ALSO more important to get right.
Should I file a single multi-class application or separate single-class applications?
India allows both formats. A multi-class application (Form TM-A with multiple classes) is filed under a single application number but treated as separate filings within the registry. Pros: one application date, easier to manage. Cons: opposition or objection in any one class delays examination of all classes in the same application.
The safer approach for valuable brands: file separate single-class applications. This costs the same money but isolates risk — an objection in class 35 won't block your class 25 registration timeline.
What's the actual filing process?
- Trademark search across all relevant classes (1 working day) — cannot skip this step
- Class selection based on actual goods/services (founder decision)
- Form TM-A filing on ipindia.gov.in (1 working day)
- Vienna codification (auto-assigned by registry)
- Formality examination (15-30 days)
- Substantive examination (4-8 months)
- Journal publication (1 month opposition window)
- Registration certificate (10-18 months total from filing)
Get class selection right the first time
Our Trademark Registration service includes a 1-hour consultation with a TM agent to map your business model to the exact correct classes, plus comprehensive registry search, application drafting, and prosecution till registration. Flat ₹5,999 + government fees per class.