Why Every Indian Startup Must Understand Trademark Classes
You've built a brand. Spent months on naming, logo design, positioning. Now you're ready to register your trademark.
Then the trademark office rejects your application. Reason? Wrong class selection.
This happens to 40% of first-time trademark applications in India. Founders Google "which trademark class for SaaS" or copy a competitor's class without understanding what it means. Result: rejection, re-filing, extra costs, 6-month delays.
India follows the Nice Classification system—45 internationally standardized classes covering every type of product and service. Classes 1-34 cover goods (physical products). Classes 35-45 cover services.
Choosing correctly the first time saves ₹15,000-30,000 in re-filing costs and protects your brand in the right categories. This guide explains all 45 classes with real Indian startup examples so you get it right.
What Is a Trademark Class? (Simple Explanation)
A trademark class is a category grouping similar products or services together for trademark registration purposes.
Think of it like this: If trademarks were a library, classes would be the sections—fiction, non-fiction, science, history. You file your trademark in the section (class) matching what you sell.
Key facts about trademark classes in India:
- India follows the Nice Classification (international system, 45 classes)
- Classes 1-34: Physical goods and products
- Classes 35-45: Services and intangible offerings
- You must select at least one class when filing
- Each class costs separately (₹4,500-9,000 government fee per class)
- Protection applies ONLY to the classes you register in
Trademark protection is class-specific. If you register "CloudStack" in Class 42 (software services) but someone else registers "CloudStack" in Class 25 (clothing), both can coexist legally. You don't have universal protection—only in your registered classes.
Why misclassification is the #1 reason for trademark objections:
- Trademark examiners verify if your class matches your business activity
- If you sell software but file in Class 35 (business services), it gets rejected
- You waste ₹10,000-25,000 (filing fee + professional fee) and 6 months
- Must file new application in correct class
Why Trademark Classes Matter for Indian Startups
Benefits of Choosing Correct Classes
1. Legal Protection in Your Business Category
Only classes you register in are protected. A food delivery app needs Class 43 (restaurant services) + Class 42 (mobile app technology). Missing Class 43 means competitors can use similar names for food services.
2. Enables Business Expansion
Plan to expand product lines? File in those classes now—even if not launching immediately. Example: Zomato initially filed in Class 43 (restaurants), later added Class 42 (tech) and Class 39 (delivery).
3. Prevents Brand Dilution
Stops others from using your brand name in related categories. If you're "FitPro" gym (Class 41), also register Class 25 (sportswear) to prevent someone launching "FitPro" clothing.
4. Essential for Fundraising
Investors check trademark status during due diligence. Proper class coverage shows you've protected intellectual property correctly. Many term sheets require trademark registration as a closing condition. Learn more about company registration requirements for fundraising.
Risks of Wrong Class Selection
1. Application Rejection
Trademark office rejects applications in wrong classes. You lose filing fees (₹4,500-9,000 per class) and must re-apply.
2. Legal Disputes Later
If you grow into new categories not covered by your trademark, competitors can register similar names in those classes. Costly legal battles follow.
3. Time and Money Wasted
Re-filing takes another 12-18 months for registration. Meanwhile, your brand is unprotected.
4. Inability to Scale
Want to expand from consulting (Class 35) to software products (Class 42)? If you didn't file Class 42 initially, you're vulnerable to copycats.
Complete List: Classes 1-34 (Goods)
These classes cover physical products, manufactured goods, and tangible items.
Covers: Industrial chemicals, adhesives, fertilizers, chemical substances for manufacturing
Startup examples: Agrochemical companies, industrial adhesive manufacturers, R&D chemical suppliers
Covers: Paints, colorants, varnishes, protective coatings, printing inks
Startup examples: Paint brands, coating manufacturers, ink producers
Covers: Cosmetics, skincare, perfumes, soaps, shampoos, cleaning preparations, essential oils
Startup examples: Beauty brands (Mamaearth, Plum), skincare lines, organic cosmetics, haircare products, cleaning product brands
Covers: Lubricants, fuels, candles, wicks
Startup examples: Lubricant manufacturers, candle brands, fuel distributors
Covers: Medicines, supplements, vitamins, medical devices, diagnostic kits, healthcare products
Startup examples: Pharma companies, supplement brands (HealthKart, Wellbeing Nutrition), diagnostic kit manufacturers, medical equipment
Covers: Metal hardware, pipes, locks, safes, metal building materials
Startup examples: Hardware manufacturers, metal furniture, construction materials
Covers: Machines, motors, tools, agricultural equipment
Startup examples: Industrial machinery manufacturers, power tool brands, agricultural tech companies
Covers: Hand-operated tools, cutlery, razors
Startup examples: Tool manufacturers, kitchenware brands (knives, utensils), grooming tools
Covers: Downloadable software, mobile apps (as products), electronic devices, computers, smartphones, wearables, scientific instruments
Startup examples: Electronics brands, wearable tech (smartwatches, fitness bands), downloadable software products, hardware manufacturers
⚠️ Important: Use Class 9 for software sold as a PRODUCT (downloadable apps). Use Class 42 for SaaS (software as a service).
Covers: Surgical instruments, prosthetics, medical devices, therapeutic equipment
Startup examples: Medical device manufacturers, orthopedic equipment, dental instruments
Covers: Lighting fixtures, lamps, LED lights, heating/cooling equipment, water purifiers
Startup examples: LED light brands, water purifier companies, HVAC manufacturers
Covers: Automobiles, bicycles, scooters, electric vehicles, vehicle parts
Startup examples: EV companies (Ather, Ola Electric), bicycle brands, auto parts manufacturers
Covers: Weapons, ammunition, explosives
Startup examples: Rarely used by startups (regulated industry)
Covers: Jewelry, watches, precious stones, timepieces
Startup examples: Jewelry brands (Bluestone, CaratLane), watch manufacturers, fashion jewelry
Covers: Instruments, accessories for musical instruments
Startup examples: Musical instrument manufacturers, guitar brands, music equipment
Covers: Paper products, stationery, printed materials, books, packaging materials
Startup examples: Stationery brands, publishing houses, packaging companies, greeting cards
Covers: Rubber products, plastic materials, insulation materials
Startup examples: Rubber manufacturers, plastic product companies, industrial materials
Covers: Leather goods, bags, wallets, luggage, umbrellas
Startup examples: Leather bag brands, wallet manufacturers, luggage companies (VIP, Safari)
Covers: Building materials not of metal, cement, tiles, wood, glass
Startup examples: Tile manufacturers, cement brands, construction materials
Covers: Furniture, mirrors, picture frames, beds, chairs, tables
Startup examples: Furniture brands (Pepperfry, Urban Ladder), home decor, office furniture
Covers: Kitchen utensils, cookware, glassware, cleaning tools
Startup examples: Cookware brands, kitchen accessories, home organization products
Covers: Ropes, strings, nets, tents, textile bags
Startup examples: Rope manufacturers, tent makers, textile products
Covers: Threads for textile use, yarns
Startup examples: Textile thread manufacturers, yarn producers
Covers: Fabrics, bed sheets, towels, textile goods
Startup examples: Home textile brands, bedsheet companies, towel manufacturers
Covers: Clothing, shoes, hats, sportswear, accessories worn on the body
Startup examples: Fashion brands, footwear companies, sportswear (Nike, Adidas), ethnic wear, kids clothing
Covers: Buttons, zippers, ribbons, artificial flowers, hair accessories
Startup examples: Fashion accessory brands, hair accessory companies, buttons/zipper manufacturers
Covers: Carpets, rugs, mats, floor tiles
Startup examples: Carpet manufacturers, rug brands, flooring companies
Covers: Toys, board games, sports equipment, fitness equipment
Startup examples: Toy brands, board game companies, sports equipment manufacturers, gym equipment
Covers: Meat, fish, poultry, dairy, processed foods, canned foods, nuts, protein products
Startup examples: Packaged food brands, protein supplements, dairy products, frozen foods
Covers: Coffee, tea, sugar, rice, bread, pastries, chocolates, ice cream, snacks, spices
Startup examples: Snack brands, tea/coffee companies, bakery products, chocolate brands, instant food
Covers: Fresh fruits, vegetables, plants, seeds, animal feed
Startup examples: Fresh produce brands, organic farming, seeds companies, pet food
Covers: Water, soft drinks, juices, energy drinks, sports drinks
Startup examples: Juice brands, energy drinks, bottled water companies, cold-pressed juices
Covers: Wine, beer, spirits, liquor (except beer)
Startup examples: Craft breweries, wine brands, distilleries
Covers: Cigarettes, cigars, tobacco, smoking accessories
Startup examples: Rarely used (heavily regulated)
Complete List: Classes 35-45 (Services)
These classes cover intangible services, professional services, and business activities.
Covers: Business services, advertising, marketing, HR/recruitment, retail services, office administration, business consulting
Startup examples: Marketing agencies (Naraway marketing), recruitment platforms (Naukri, Indeed), e-commerce platforms (Amazon, Flipkart), business consultants, advertising agencies, HR services
⚠️ Key point: E-commerce MUST file Class 35 (retail/wholesale services) PLUS the product classes (e.g., Class 25 for clothing sold online)
Covers: Banking, insurance, investment, real estate, loans, financial consulting, payment services
Startup examples: Fintech apps (Paytm, PhonePe, CRED), insurance platforms (Policybazaar), lending companies, investment platforms, cryptocurrency exchanges
Covers: Construction, building, installation, repair services, maintenance
Startup examples: Construction companies, home repair services (UrbanClap/Urban Company repairs), installation services
Covers: Telecommunication services, internet services, broadcasting, messaging platforms
Startup examples: Telecom providers, internet service providers, communication apps (WhatsApp, Telegram)
Covers: Transport, delivery, logistics, warehousing, travel arrangements, packaging services
Startup examples: Logistics companies (Delhivery, Porter), food delivery (Zomato, Swiggy), cab services (Uber, Ola), courier services
Covers: Custom manufacturing, material processing, printing services, food processing
Startup examples: Custom printing companies, food processing units, material treatment services
Covers: Education services, training, coaching, entertainment, sports, cultural activities, publishing
Startup examples: EdTech platforms (BYJU'S, Unacademy), coaching institutes, online courses, media companies, event management, sports training, publishing
Covers: Software as a Service (SaaS), cloud platforms, IT consulting, web development, mobile app development, scientific services, software development, technology research
Startup examples: SaaS companies (Zoho, Freshworks), web development agencies (Naraway tech services), IT consulting, cloud platforms, app development companies, AI services
⚠️ Critical distinction: Class 42 = software/IT SERVICES. Class 9 = downloadable software PRODUCTS.
Covers: Restaurant services, catering, hotels, cafes, bars, food delivery platforms (service aspect)
Startup examples: Restaurant chains, cloud kitchens, food delivery apps (Zomato, Swiggy for service), catering services, hotels, cafes
Note: Food delivery apps need Class 43 (restaurant/delivery services) + Class 39 (logistics/delivery) + Class 42 (app technology)
Covers: Medical services, healthcare, veterinary services, beauty services, spa, wellness
Startup examples: Telemedicine platforms (Practo, 1mg for consultations), wellness clinics, spa chains, beauty salons, healthcare services
Covers: Legal services, security services, personal services, dating services, funeral services
Startup examples: Law firms, legal tech platforms, security agencies, dating apps (Tinder, Bumble for matchmaking service aspect)
Note: Naraway would use Class 45 for legal/compliance services offered
Class 35: Business services, marketing, advertising, recruitment, e-commerce retail services
Class 42: Technology services, software development, SaaS, IT consulting, cloud platforms
Example: If you're a SaaS company providing marketing automation software, you need BOTH—Class 42 (software service) AND Class 35 (marketing services provided by the software).
Which Trademark Class Should Indian Startups Choose?
Here's a quick reference guide by startup type:
| Startup Type | Primary Class(es) | Additional Classes (if applicable) |
|---|---|---|
| SaaS Platform | Class 42 (software services) | Class 9 (if downloadable app), Class 35 (if business/marketing features) |
| Marketing Agency | Class 35 (advertising, marketing) | Class 42 (if providing tech tools) |
| Recruitment Platform | Class 35 (recruitment services) | Class 42 (if tech platform/software) |
| E-commerce Store | Class 35 (retail services) + product classes | Example: Class 25 (if selling clothes), Class 9 (if electronics) |
| Clothing Brand | Class 25 (clothing, footwear) | Class 35 (if selling online), Class 18 (if bags/accessories) |
| EdTech Platform | Class 41 (education services) | Class 42 (if providing tech platform), Class 9 (if downloadable content) |
| Food Brand/Products | Class 30 (packaged food) or Class 29 (processed food) | Class 35 (if e-commerce), Class 43 (if restaurant) |
| Fintech App | Class 36 (financial services) | Class 42 (software platform), Class 9 (if downloadable app) |
| Healthcare/Telemedicine | Class 44 (medical services) | Class 42 (if tech platform), Class 5 (if selling health products) |
| Food Delivery App | Class 43 (restaurant/food services) | Class 39 (delivery/logistics), Class 42 (app technology) |
| Cosmetics Brand | Class 3 (cosmetics, skincare) | Class 35 (if e-commerce), Class 44 (if spa/beauty services) |
| IT Consulting/Development | Class 42 (IT services, consulting) | Class 35 (if business consulting) |
If your startup operates across multiple business functions, file in all relevant classes NOW. Example: Naraway provides company registration (Class 35), legal services (Class 45), AND website development (Class 42). We file in all three classes to ensure complete brand protection across our service offerings.
Should Startups Apply for Multiple Trademark Classes?
Short answer: Yes, if you operate in multiple categories or plan to expand.
When to File Multiple Classes
1. You Sell Products + Provide Services
Example: Gym selling fitness supplements (Class 5 for supplements) + providing training services (Class 41 for education/training)
2. E-commerce Business
You MUST file Class 35 (retail services) PLUS the product categories you sell. Selling clothing? Class 35 + Class 25. Selling electronics? Class 35 + Class 9.
3. Tech Platform with Business Services
SaaS providing marketing automation needs Class 42 (software) + Class 35 (marketing services)
4. Future Expansion Plans
Planning to launch new product lines in 2-3 years? File those classes NOW while your brand is available. Costs less to file together than separately later.
5. Comprehensive Brand Protection
Prevent competitors from using your brand in adjacent categories. Example: "FitLife" gym should also register Class 25 (sportswear) and Class 5 (supplements) even if not currently selling—prevents others from launching "FitLife" products.
Cost Consideration
| Filing Type | Government Fee | Professional Fee (Typical) | Total Per Class |
|---|---|---|---|
| Individual/Startup (single class) | ₹4,500 | ₹3,000-6,000 | ₹7,500-10,500 |
| Individual/Startup (2-3 classes) | ₹4,500 × classes | ₹8,000-15,000 (discounted) | ₹17,000-28,500 |
| Company/Large Entity | ₹9,000 per class | ₹3,000-6,000 per class | ₹12,000-15,000 per class |
Filing multiple classes together saves money: Professional fees are often discounted when filing 2-3 classes simultaneously vs filing separately later.
Understanding annual compliance requirements helps you budget for trademark renewals too.
Common Mistakes Founders Make When Choosing Classes
Mistake 1: Google Guesswork
The mistake: Searching "which class for SaaS" on Google, picking first result, filing without professional review
Why it's wrong: Google results are generic. Your specific service mix might need multiple classes. One blog says "Class 42" but doesn't mention you also need Class 35 for business services aspect.
Solution: Consult trademark professional who analyzes your actual business model
Mistake 2: Copying Competitor's Class Without Understanding
The mistake: "Competitor X filed in Class 35, so I'll file Class 35 too"
Why it's wrong: Your business model might differ. Competitor might be a pure marketing agency (Class 35 sufficient). You might provide marketing + software tools (need Class 35 + Class 42).
Solution: Analyze YOUR services, not competitors'
Mistake 3: Not Covering Future Product Lines
The mistake: Filing only for current offerings, ignoring 2-year roadmap
Why it's wrong: When you launch new category in 2 years, someone else might have registered similar name in that class. You're blocked from expansion.
Example: Food delivery app files only Class 43 (food services). Doesn't file Class 39 (logistics). Later wants to expand to general courier services—can't use same brand because competitor registered it in Class 39.
Solution: File for planned expansion classes now (it's cheap insurance)
Mistake 4: Assuming Class 35 Covers "Everything Business"
The mistake: "My startup does business services, so Class 35 covers it all"
Why it's wrong: Class 35 covers advertising, marketing, business admin, recruitment, retail—NOT technology services, NOT software development, NOT financial services.
Example: Software development agency files only Class 35. Trademark office objects because software development is Class 42, not Class 35.
Solution: Understand that services are specialized. Software = Class 42. Finance = Class 36. Education = Class 41.
Mistake 5: Filing Only Class 42 When Selling Products
The mistake: App company files Class 42 (software services) but also sells downloadable software and hardware
Why it's wrong: Class 42 = services. If selling products, need Class 9 (electronic products/downloadable software)
Solution: Services = Class 42. Products = Class 9. If doing both, file both.
Step-by-Step: How to Select the Right Trademark Class
Step 1: List Everything You Do
Write down all products sold and services provided. Be specific.
Example: "We're a SaaS company" is too vague. Better: "We provide cloud-based marketing automation software (SaaS), offer marketing consulting, and sell downloadable e-books."
Step 2: Categorize as Goods or Services
Goods (Classes 1-34): Physical or downloadable products
Services (Classes 35-45): Activities you perform for customers
Example breakdown:
- Marketing automation SaaS → Service (Class 42)
- Marketing consulting → Service (Class 35)
- Downloadable e-books → Goods (Class 9)
Step 3: Match to Specific Classes
Use the class descriptions in this guide. Match each activity to its class.
Step 4: Research Competitor Trademarks
Visit IP India Public Search and search competitor trademarks. See which classes they filed in. This validates your research.
Step 5: Consider Future Plans (2-3 Year Roadmap)
Planning to launch new products/services? File those classes now.
Example: Currently SaaS (Class 42) but planning to launch coaching program (Class 41) next year? File both classes now.
Step 6: Decide Single vs Multi-Class
Budget: ₹7,500-10,500 per class
Most startups: 1-3 classes initially
Complex businesses: 3-5 classes
Step 7: Consult Professional Before Filing
Trademark attorneys catch nuances. Worth ₹3,000-6,000 to avoid ₹15,000-30,000 re-filing costs.
Naraway provides trademark filing services as part of our startup registration packages.
Cost of Filing Trademark in Multiple Classes (India 2026)
Government Fees (Trademark Registry):
| Applicant Type | Fee Per Class | 3 Classes Total |
|---|---|---|
| Individual/Startup/Small Entity | ₹4,500 | ₹13,500 |
| Company/Large Entity | ₹9,000 | ₹27,000 |
Professional Fees (Attorney/Service Provider):
- Single class: ₹3,000-6,000
- 2-3 classes (bundled): ₹8,000-15,000
- Includes: trademark search, application drafting, filing, response to objections
Total Cost Examples:
- Startup filing 1 class: ₹4,500 (govt) + ₹5,000 (professional) = ₹9,500
- Startup filing 3 classes: ₹13,500 (govt) + ₹12,000 (professional) = ₹25,500
- Company filing 2 classes: ₹18,000 (govt) + ₹8,000 (professional) = ₹26,000
How to Save Money:
- File as "startup" if you have DPIIT certification (50% lower fees)
- File multiple classes together (professional fee discounts)
- Use bundled packages that include company registration + trademark
- Avoid re-filing by getting class selection right initially
Get Your Trademark Filing Right the First Time
Naraway helps startups choose correct trademark classes, file applications, and handle objections. Avoid costly mistakes.
✅ Class selection consultation
✅ Trademark search & analysis
✅ Application filing & monitoring
✅ Response to objections
Frequently Asked Questions
Conclusion: Get Trademark Classification Right From Day One
Trademark class selection is the single most important decision in brand protection. Choose wrong, and you waste ₹15,000-30,000, delay protection by 6-12 months, and leave your brand vulnerable to copycats.
Key takeaways for Indian startups:
- India uses 45 Nice Classification classes (1-34 goods, 35-45 services)
- Class 35 = business/marketing services (NOT all services)
- Class 42 = software/IT services (SaaS, development, cloud)
- E-commerce needs Class 35 + product classes
- Most startups file 1-3 classes (₹25,000-40,000 total)
- File for planned expansion now (cheaper than later)
- 40% of applications rejected for wrong class—verify before filing
Don't guess. Don't copy competitors blindly. Don't trust Google alone.
Consult a trademark professional who understands your business model. The ₹5,000-8,000 consultation fee saves you ₹20,000-30,000 in re-filing costs and months of delays.
Your brand is your most valuable asset. Protect it properly from day one.
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