According to trademark laws, a trademark application is required to be filed in one or more TM classes. Therefore, before filing a trademark application, it is necessary to identify the classes in which you wish to seek protection for your trademark. This article will try to enlighten you about various trademark classes, and how to select the classes relevant to your trademark? Usually, the thumb rule is to file a trademark application in the relevant classes of current goods/services as well as in classes where there is intended to be used.
What is the need of having TM classes?
The Trademark Rules 2002 divide the goods and services into 45 classes. The purpose is to facilitate registration of trademark for only that class of goods or services for which the registration is required. A single application with prescribed fee serves the purpose for filing under as many classes of goods and services as one chooses to. For every class added in the application, an additional fee needs to be attached. However, it is suggested to file multiple applications, with each application covering a particular class.
Are the TM rights restricted to the classes in which the TM is registered?
In accordance with the object behind classification by the trademark rules, protection of trademarks rights are certainly restricted to only that class or classes in which application (s) has/have been made. However, an application filed for one or more classes can later be amended to add any other class/classes. Even if the registrar finds that the application prescribing goods or services fall in categories in addition to those which have been applied for, he may under rule 25 (19) of the Trademark Rules, 2002—
- Restrict the specification of goods or services to the class or classes specifically applied for, and/or
- Require the applicant to amend the application to add additional class or classes on payment of appropriate class fee and divisional fee.
Listing of all TM classes
The various TM classes under the fourth schedule to Trade Mark Rules, 2002 are reproduced as below. The list will make the selection of classes easier.
|Class Name||Class Description|
|Class 1||Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry|
|Class 2||Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists|
|Class 3||Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices|
|Class 4||Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks|
|Class 5||Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides|
|Class 6||Common metals and their alloys; metal building materials;transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores|
|Class 7||Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs|
|Class 8||Hand tools and implements (hand-operated); cutlery; side arms; razors|
|Class 9||Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus|
|Class 10||Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials|
|Class 11||Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes|
|Class 12||Vehicles; apparatus for locomotion by land, air or water|
|Class 13||Firearms; ammunition and projectiles; explosives; fire works|
|Class 14||Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments|
|Class 15||Musical instruments|
|Class 16||Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks|
|Class 17||Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal|
|Class 18||Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery|
|Class 19||Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal|
|Class 20||Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics|
|Class 21||Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes|
|Class 22||Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials|
|Class 23||Yarns and threads, for textile use|
|Class 24||Textiles and textile goods, not included in other classes; bed and table covers|
|Class 25||Clothing, footwear, headgear|
|Class 26||Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers|
|Class 27||Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile)|
|Class 28||Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees|
|Class 29||Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats|
|Class 30||Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice|
|Class 31||Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt|
|Class 32||Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages|
|Class 33||Alcoholic beverages(except beers)|
|Class 34||Tobacco, smokers’ articles, matches|
|Class Name||Class Description|
|Class 35||Advertising, business management, business administration, office functions|
|Class 36||Insurance, financial affairs; monetary affairs; real estate affairs|
|Class 37||Building construction; repair; installation services|
|Class 39||Transport; packaging and storage of goods; travel arrangement|
|Class 40||Treatment of materials|
|Class 41||Education; providing of training; entertainment; sporting and cultural activities|
|Class 42||Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software|
|Class 43||Services for providing food and drink; temporary accommodation|
|Class 44||Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services|
|Class 45||Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals|
For more details on how to register your trademark, please feel free to contact us at firstname.lastname@example.org.