Every trademark application in India starts with the same quiet question: which class? The Trade Marks Registry sorts all goods and services into 45 numbered classes. Classes 1 to 34 cover goods — things you can pack, ship, and put on a shelf. Classes 35 to 45 cover services — things people do for a fee, with skill, time, or labour.
Your registration protects your brand only inside the classes you file in. Pick the right shelf and your mark is guarded exactly where you trade. Pick the wrong one and you have paid good money for protection you cannot use.
Start with what the customer buys, not what your company is
This is the single most useful habit in class searching. Do not ask "what industry am I in?" Ask "what does the customer hand me money for?"
A company that makes ayurvedic soaps sells goods — Class 3, which covers cosmetics and cleaning substances. A company that runs a spa sells a service — Class 44, which covers medical and beauty care. Same word "ayurveda" in both brand names, completely different classes. The registry does not care about your sector. It cares about the thing changing hands.
Goods or services? Settle it with one question
Can the customer take it home in a bag, download it as a file, or receive it as a physical thing? Goods. Does the customer walk away with an experience, advice, or a job done? Services.
Software trips up more founders than anything else. Software you sell as a product — an app, a downloadable program — sits in Class 9, alongside electronics and scientific apparatus. Software you deliver as an ongoing service — a SaaS platform the customer logs into — sits in Class 42, with scientific and technological services. Same code, different shelf, depending on how the customer gets it. File in the wrong one and your registration describes a business model you do not run.
Read the class headings, not just the numbers
Each of the 45 classes carries a short heading describing what belongs in it. Read those headings before you commit. The ones businesses reach for most often:
Class 3 — cosmetics, soaps, perfumery. Class 9 — electronics, computers, downloadable software. Class 25 — clothing, footwear, headgear. Class 30 — food staples: coffee, tea, spices, bakery goods. Class 32 — beers and non-alcoholic beverages. Class 35 — advertising, business management, and retail services including online retail. Class 36 — financial services and insurance. Class 41 — education and entertainment. Class 42 — scientific, technological, and software-as-a-service offerings. Class 43 — restaurants, cafés, hotels. Class 44 — medical, beauty, and agricultural services. Class 45 — legal and personal services.
Find the heading that describes what you sell. Then read the full list of goods or services inside that class on the registry's classification search before you file — the heading is a summary, not the whole shelf.
Think of it as a library
Here is the analogy that finally makes the system click for most people I explain it to. The 45 classes are shelves in an enormous library. A cookbook goes on the cooking shelf even if the author is a surgeon. A novel about a hospital goes on the fiction shelf, not the medicine shelf.
Your trademark works the same way. It goes on the shelf where your goods or services sit — not where your company sits, not where your industry sits, and not where you plan to be in five years. Classify the thing you sell today. Future plans get their own filings later, and that is perfectly normal.
Three mistakes that cost real money
First: filing in your industry's class instead of your product's. Take a cloud kitchen founder. "We are in the food industry," he says, reaching for Class 43. For a cloud kitchen selling prepared meals, Class 43 for food services is indeed the right shelf. But a packaged spice brand in the same "food industry" belongs in Class 30. Same industry, different shelves. Industry is a distraction; the product is the answer.
Second: assuming one class covers everything adjacent. A Class 25 registration for your clothing label does not protect the same name on your retail website's services — that is Class 35 territory. Each class is its own fence. We will come back to this in the multi-class question, because it is where most growing brands under-file.
Third: copying a competitor's class blindly. Just because a rival filed in Class 35 does not mean Class 35 is right for you. Their business model may differ from yours in exactly the way that changes the class. Do your own search, on your own goods and services, every time.
Do the search before you pay the fee
The registry provides a classification search where you can type your goods or services and see suggested classes — our trademark class finder does the same job in plainer language. Use it. Then cross-check against the class headings. Then, if your brand touches more than one shelf — say you sell cosmetics (Class 3) and also run a beauty salon (Class 44) — file in both. The government fee is charged per class, per mark: ₹4,500 for individuals, startups, and small enterprises filing online, ₹9,000 for others. Filing in two classes costs twice the fee, but filing in the wrong single class costs you the entire protection.
Take an hour with the classification search before you file. It is the cheapest hour in the whole trademark process.
If you would rather have someone who does class searches every week handle yours, ComplyKart's team will map your goods and services to the right classes and file the TM-A for you.
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