What a class actually protects
People assume a registered trademark protects the name everywhere. It does not. Protection is granted class by class, and it stops at the boundary of the classes on your certificate.
If you register your brand for clothing in Class 25, somebody else can register the same name for software in Class 9, and ordinarily they may do so. The two marks can coexist because the goods are different and consumers are unlikely to be confused.
That cuts both ways. It means a name you thought was taken may be available in your line of business — and it means the registration you paid for does not stretch to a product line you add later.
How many classes do you need?
Exactly as many as you trade in. Not fewer, and not more.
Filing in too few is the common error. A business registers the product but forgets the service it sells the product through, and then finds a competitor has taken the name for retail. Filing in too many is the opposite mistake — every extra class is a full government fee, and a registration in a class where you have never traded can be challenged for non-use after five years.
The pattern above is common. Any business that both makes something and sells it directly usually needs at least two classes: one for the goods, and Class 35 for the retail or online-store service.
Goods or services: the first fork
Before hunting for a class number, decide which half of the system you are in.
- Classes 1–34: goods. Physical products you make or sell — chemicals, pharmaceuticals, machinery, electronics, furniture, textiles, clothing, food, beverages.
- Classes 35–45: services. Things you do for others — advertising and retail (35), financial services (36), construction (37), telecom (38), transport (39), education (41), technology and software services (42), hospitality (43), legal and security services (45).
Modern businesses often sit mostly in the services half. A SaaS company is usually Class 42 for the software service, and sometimes Class 9 as well if it also distributes downloadable software.
Common businesses and where they file
Indicative, not a substitute for checking your actual goods and services:
| Business | Likely classes | Why |
|---|---|---|
| Clothing label | 25, 35 | Garments, plus retail if you sell direct |
| Restaurant or cafe | 43, 30 or 29 | Food service, plus packaged food if you sell it |
| SaaS product | 42, 9 | Software as a service, plus downloadable software |
| Coaching institute | 41 | Education and training services |
| Cosmetics brand | 3, 35 | The products, plus retail |
| Consulting firm | 35 or 36 | Business consulting, or financial advisory |
| Jewellery brand | 14, 35 | The jewellery, plus retail |
| Logistics company | 39 | Transport and storage services |
Our list of all 45 classes sets out what each one covers if yours is not here.
What changed in 2026: the 13th edition
The Nice Classification is revised by WIPO roughly every three years. The 13th edition took effect on 1 January 2026, and India applies it to applications filed from that date.
Changes worth knowing:
- Contact lenses and optical eyewear moved from Class 9 to Class 10, on the reasoning that they are medical devices rather than optical apparatus.
- Artificial intelligence services are now explicitly named in Class 42. Previously AI businesses filed under general "computer programming" or "software as a service" wording; the dedicated terminology gives a clearer, more defensible description.
- Notary services are assigned to Class 45.
How to identify your class properly
- Write down what you actually sell, in plain words. "Cotton shirts and trousers", not "apparel solutions".
- Split goods from services. Making a thing and selling a thing are different activities in different classes.
- Check each item against the class headings. The heading is a summary; the detailed alphabetical list is what examiners actually use.
- Use TMclass at tmclass.tmdn.org with India (CGPDTM) selected as the office. It returns wording the Indian registry accepts, aligned to the current edition. Using accepted wording reduces the chance of an objection over your description.
- Search each class before filing. The class is only useful once you know nothing conflicting sits in it. Our guide to running a free search on IP India covers this.
Not sure which class fits your business?
Tell us what you sell. We will identify the classes, confirm the wording, and search the register for conflicts — free of charge.
Mistakes that cost money
Filing the goods but not the retail. If you sell your own products through your own store or website, Class 35 usually matters as much as the product class.
Copying a competitor's classes. Their business is not yours. A competitor who manufactures but does not retail will have a different class set from a brand that does both.
Vague descriptions. "All goods included in class 25" invites an objection. Registry practice favours specific wording, and a precise description is also easier to defend later.
Speculative classes. Filing in classes you might enter someday costs a full fee each, and after five years of non-use the registration in those classes can be challenged and removed.
Assuming the class can be fixed later. It cannot. See below.
You cannot change the class after filing
This is the reason class selection deserves proper attention rather than a guess. Once Form TM-A is filed, the class is fixed. Minor corrections and clarifications to the description may be possible, but moving the application into a different class is not — that requires a new application, a new filing date, and a new government fee.
Losing the filing date matters as much as losing the fee. In India priority largely follows who filed first, so a refiling three months later sits behind anything filed in between.
Our guide to trademark registration cost sets out what each class adds to the bill, with worked examples for one, two and three classes.
Frequently asked questions
How many trademark classes should I register in?
As many as your business actually trades in. A manufacturer who also sells direct usually needs the goods class plus Class 35 for retail. Filing in extra classes you do not use costs a full fee each and can be challenged for non-use after five years.
Can I change my trademark class after filing?
No. The class is fixed once Form TM-A is filed. Minor corrections to the description of goods or services may be possible, but moving to a different class needs a fresh application, a fresh fee and a new filing date.
Does registering in one class protect my brand in all classes?
No. Protection is class by class. A registration for clothing in Class 25 does not stop someone registering the same name for software in Class 9, because the goods are different and confusion is unlikely.
What is the difference between Class 25 and Class 35 for a clothing brand?
Class 25 covers the garments themselves. Class 35 covers the service of retailing them, including through an online store. A brand that both makes and sells its clothing usually needs both.
What changed in the 13th edition of the Nice Classification?
It took effect on 1 January 2026. Contact lenses and optical eyewear moved from Class 9 to Class 10, artificial intelligence services were explicitly codified in Class 42, and notary services were assigned to Class 45. The change is not retrospective, so earlier filings stay in their original classes.
Do I need to refile if my goods moved to a new class in 2026?
No. Existing registrations and applications filed before 1 January 2026 remain valid under the earlier edition and are not reclassified. Only new applications filed from that date use the 13th edition.
How do I find the exact wording the registry will accept?
Use the TMclass tool with India (CGPDTM) selected as the office. It returns descriptions the Indian registry accepts under the current edition, which reduces the risk of an objection over how your goods or services are worded.