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Updated on : 22-Jan-2020 05:40 AM IST | 4 min read
Trademark Classes of Goods and Services
Trademark law explains 45 classes under which goods or/and services of a business falls. Before doing trademark registration, every applicant should search their trademark class under which goods & services of their business falls and then apply for trademark registration under the relevant class.
There are 45 trademark classes out of which 34 classes belong to goods and 11 classes belong to services category. The main aim of trademark classification of good & services is to form a complete hierarchy of trademark classes so that every person can easily choose his or her trademark class on the basis of their goods & services before applying for trademark registration.
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What is Trademark?
Trademark is a protection provided to a name, device, symbol or words in relation to goods or services. Trademark commonly associated with both goods & services but any specific mark associated with a service is known as service mark. The main aim of an individual or entity to register a trademark is to protect their business logo, name, device from the third parties.
Why Trademark Classes?
Trademark classes define which goods or/and services are covered under particular class. Each trademark class includes certain goods or/and services. With the help of trademark class, any business owner can easily identify that their business goods or/and services belongs to which category of trademark classes. For ex –Suppose a company is selling mobile phones under the brand name “Cello”, then the company can file the application for trademark registration for “Cello” under Class 9 which belongs to registration of electronic goods.
In case, if any other company uses the same trademark “Cello” for some other product such as “pressure cooker”, the other company is allowed to use this mark as “Pressure cooker” belongs to Trademark class 21.
There are also some exceptions to it. If you take an example of pizza hut (a well-known mark), it comes under trademark class 43. In such case, if any other company wants to use the “Pizza hut” mark, then company needs to take prior permission of Pizza hut marks owner in order to use this mark.
Trademark classes are divided into two parts –
- Goods – Goods are products like Mobile phones, Laptop, Pen etc.
- Services – Services are activities performed by a particular company. For ex – Banking, Insurance, advertising etc.
There are 45 classes of trademark under which first 34 classes belong to goods and remaining 11 classes belongs to services. Trademark classes are formed for applicant’s to easily choose the appropriate class for their goods or services.
There are many cases in which a trademark falls under more than one type of goods, then the application is filed under more than one class for registration which is known as multi-class trademark application. In multiclass trademark application, an applicant can register his or her trademark under more than one trademark class. It is easy to deal with single application rather than multiple applications. In case you think of applying multi class trademark application, make sure that your trademark is unique & distinct unless it can be rejected.
Trademark Classes of Goods
|Trademark Class 1||It includes chemicals used in industries, chemicals used in horticulture, agriculture & forestry, science or photography, Tanning substances, unprocessed plastics, adhesives used in industry, chemical substances involved inedible substances.|
|Trademark Class 2||It includes any preservative used against rust & damage of wood, any type of paints or varnishes, metals used in foil & powder form used by painters decorators or printers, mordant, colorants.|
|Trademark Class 3||It includes bleaching preparations and other substances for laundry use, cleaning, polishing, soaps, perfumery, cosmetics, dentifrices, hair lotions, scouring & abrasive preparations.|
|Trademark Class 4||It includes industrial oils& greases, lubricants, fuels & illuminants, dust absorbing, wetting & binding composition, candles & Wicks for lighting|
|Trademark Class 5||It includes pharmaceutical & veterinary preparations, food for babies, plasters, materials for dressings, sanitary preparations for medical purposes, dietetic substances adapted for medical use, mate4rial for stopping teeth, dental wax, preparations for destroying vermin, herbicides. Fungicides.|
|Trademark Class 6||It includes common metals and their alloys, non-electric cables and wires of common metal, metal building materials, materials of metal for railway tracks, transportable buildings of metal, small items of metal hardware, ironmongery, pipes and tubes of metal, safes, goods of common metal not included in other Trademark Classes.|
|Trademark Class 7||It includes machine, machine tools, machine coupling and transmission components (except for land vehicles), motors and engines (except for land vehicles), agricultural implements other than hand-operated, incubators for eggs|
|Trademark Class 8||It includes hand tools and implements (hand-operated), razors, cutlery and side arms|
|Trademark Class 9||It includes scientific, nautical, surveying, cinematographic, photographic, optical, weighing, measuring, checking, signaling, life-saving and teaching apparatus & instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, apparatus for recording, transmission or reproduction of sound or images, recording discs, magnetic data carriers, automatic vending machines and mechanisms for coin-operated apparatus, , data processing equipment and computers, cash registers, calculating machines, fire-extinguishing apparatus.|
|Trademark Class 10||It includes medical, dental, surgical, veterinary apparatus &instruments, artificial limbs, eyes and teeth, suture materials, orthopedic articles.|
|Trademark Class 11||It includes apparatus for lighting, cooking, heating, steam generating, drying, refrigerating, ventilating water supply and sanitary purposes.|
|Trademark Class 12||It includes Apparatus for locomotion by air, land& water, vehicles|
|Trademark Class 13||It includes Fireworks, Firearms, ammunition & projectiles, explosives|
|Trademark Class 14||It includes precious metals &their alloys, goods in precious metals or coated therewith, not included in other Trademark Classes, precious stones, Jewellery, horological and chronometric instruments.|
|Trademark Class 15||It includes musical instruments.|
|Trademark Class 16||It includes paper, cardboard and goods manufactured from these materials, not included in other Trademark Classes, printed matter, bookbinding material, stationery, adhesives for stationery or household purposes, photographs, paint brushes, typewriters and office requisites (except furniture), artists materials, instructional and teaching material (except apparatus), plastic materials for packaging (not included in other Trademark Classes), printers' type, printing blocks.|
|Trademark Class 17||It includes rubber, asbestos, mica, gutta-percha, gum, and goods made from these materials and not included in other Trademark Classes; plastics in extruded form for use in packing, manufacturing, stopping and insulating materials, flexible pipes (not made of metal)|
|Trademark Class 18||It includes leather and its limitations and goods made of these materials and not included in other Trademark Classes, animal skins, trunks, hides and travelling bags, parasols, umbrellas and walking sticks, harness, whips and saddlery.|
|Trademark Class 19||It includes building materials (non-metallic), non-metallic rigid pipes for building purpose, pitch, asphalt and bitumen, non-metallic transportable buildings, monuments (not of metal)|
|Trademark Class 20||It includes mirrors, Furniture, Picture frames; goods (not included in other Trademark Classes) of wood, cork, wicker, cane, reed, bone, ivory, reed, horn, bone, shell, amber, ivory, whalebone. mother-of-pearl, meerschaum and substitutes for all these materials or of plastics|
|Trademark Class 21||It includes household or kitchen utensils & containers, brushes (except paint brushes), combs and sponges, articles for cleaning purposes, unworked or semi-worked glass (except glass used in building), steel wool, glassware, porcelain and earthenware not included in other Trademark Classes.|
|Trademark Class 22||It includes nets, tents, awnings, ropes, string, tarpaulins, sacks, sails and bags (not included in other Trademark Classes), padding and stuffing materials (except rubber & plastics), raw fibrous textile materials.|
|Trademark Class 23||It includes yarns and threads for textile use.|
|Trademark Class 24||It includes textile &textile goods, not included in other Trademark Classes; table and bed covers.|
|Trademark Class25||It includes Clothing, footwear, headgear.|
|Trademark Class 26||It includes ribbons and braid buttons, Lace and embroidery, pins and needles, hooks and eyes, artificial flowers.|
|Trademark Class 27||Carpets, mat, rugs and matting, linoleum and other materials to cover existing floors, wall hangings (non-textile)|
|Trademark Class 28||Games and playthings, gymnastic and sporting articles not included in other Trademark Classes, decorating Christmas trees.|
|Trademark Class 29||Meat, fish, poultry and game, meat extracts, frozen, dried, preserved, cooked fruits and vegetables, compotes, jellies, jams, eggs, milk and milk products, fats & edible oils.|
|Trademark Class 30||Tea, coffee, sugar, rice, cocoa, sago, tapioca, artificial coffee, flour and preparations made from bread, cereals, pastry and confectionery, ices, honey, yeast, treacle baking-powder, mustard, salt, vinegar, sauces (condiments), spices, ice.|
|Trademark Class 31||Agricultural, horticultural & forestry products and grains not included in other Trademark Classes, fresh fruits and vegetables, live animals, natural plants & flowers, seeds, foodstuffs for animals, malt.|
|Trademark Class 32||Beers, mineral &aerated waters and other non-alcoholic drinks, fruit juices, fruit drinks, syrups and other preparations for making beverages.|
|Trademark Class 33||Alcoholic beverages (except beer).|
|Trademark Class 34||Tobacco, matches smoker’s articles|
Trademark Classes of Services
|Trademark Class 35||It includes business administration, business management, advertising, office functions.|
|Trademark Class 36||It includes financial affairs, monetary affairs, Insurance, real estate affairs.|
|Trademark Class 37||It includes building construction, repair and installation services.|
|Trademark Class 38||It includes telecommunications.|
|Trademark Class 39||It includes transport, storage and packaging of goods, travel arrangement.|
|Trademark Class 40||It includes treatment of materials.|
|Trademark Class 41||It includes education, training providers, entertainment, sporting and cultural activities.|
|Trademark Class 42||It includes scientific and technological services, research and design related services, industrial analysis and research services, design and development of computer hardware and software.|
|Trademark Class 43||It includes services providing food & drink and temporary accommodation|
|Trademark Class 44||It includes medical & veterinary services, hygienic &beauty care services for human beings or animals, agriculture, horticulture and forestry services.|
|Trademark Class 45||It includes legal and security services for the protection of property and individuals, other personal and social services rendered to meet the needs of individuals.|
Trademark Classes FAQ’S
- It should be easy to remember, pronounce and spell.
- It should not be descriptive,
- It should be unique
- Laudatory words like best, perfect etc. should be avoided.
- It protects your goods & services as well as your business
- It advertises your goods & services
- It protects the public from buying second rate quality goods.
- It identifies the origin of goods & services
- Invented words
- Combination of colors
- Shape of goods
- Sound marks