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T he trademark application is made under 45 different classes as per the NICE
classification for a trademark. Each of the trademark class represents a distinct set
of goods and services. Products (“goods”) and services are organized by the
Ministry of Commerce and Industry, Government of India according to specific
categories, or “classes.”
It is important to choose the right class of trademark while filing the application as the
wrong classification of the trademark could hamper the trademark registration process
and/or diminish the legal protection for the mark under the Trademark Act.
A trademark application can be filed in more than one class if the activity of the business
involves diverse goods or services falling under different trademark classifications.
Further, even if a registered trademark exists under one class, another entity can file a
trademark application for the same mark under a different class. Hence, the filing of
trademark application under one class does not provide complete exclusivity over the
use of the mark. Trademark only provides exclusivity for use of the mark with respect to
the class of goods or services for which the trademark is registered.
If you wish to use a trademark to cover more than a single product or service, and those
products or services fall into more than a single class (for example, motorcycles and
clothing) additional fees are required for each additional class. The numbers its classes
and each number correspond to a named category, as below.