Trademark: Classes & Filing Process

TL;DR

India follows the Nice Classification with 45 classes — 34 for goods, 11 for services.

Trademark registration under the Trade Marks Act, 1999 is the cornerstone of brand protection in India. The registration grants the owner exclusive right to use the mark across India for 10 years (renewable). This post is the operational primer on classes, search, filing, and the timeline. The companion ROI-piece, Trademark: cheapest startup insurance, covers the strategic value and the brand-protection ROI.

The Nice Classification

India follows the Nice Classification (the international classification of goods and services for trademark registration). The classification has 45 classes:

• Classes 1–34 — Goods (raw materials, manufactured products, consumer goods).
• Classes 35–45 — Services (advertising, financial, transport, education, etc.).

The full list of classes is at the CBIC / IP India website. The relevant classes for common businesses:

Class	Goods / Services
9	Software, mobile apps, electronic goods, computer programs
25	Clothing, footwear, headgear
35	Advertising, business management, retail services
36	Financial services, banking, insurance, real estate
38	Telecommunications, broadcasting
41	Education, training, entertainment, software publishing
42	Software as a Service (SaaS), computer services, research
43	Restaurant, café, food services, temporary accommodation

A startup offering a SaaS product would file in:

• Class 9 — for the downloadable software.
• Class 42 — for the SaaS / hosted service.

A restaurant would file in:

• Class 43 — for the restaurant service.

A clothing brand would file in:

• Class 25 — for the clothing products.

Multi-Class vs Single-Class Filing

A trademark application is filed per class. For a startup with a SaaS product, two separate applications are filed (one for Class 9, one for Class 42).

The total cost is roughly double the single-class fee. The benefit: protection across both classes.

For most startups, two classes (the product class + the service class) are sufficient. For a brand that operates in many verticals (e.g., a tech conglomerate), multiple classes are needed.

The Filing Fee

The government filing fee depends on the applicant’s status:

Applicant	E-filing fee per class	Physical filing fee per class
Individual / Startup / Small Enterprise	₹4,500	₹5,000
Others (large entity)	₹9,000	₹10,000

For a startup / small enterprise with two classes, the e-filing fee is ₹9,000 (₹4,500 × 2). For a non-small-enterprise with two classes, the fee is ₹18,000 (₹9,000 × 2).

The professional fees for filing and prosecution are separate — typically ₹8,000–₹18,000 per class per mark, depending on the firm.

The Filing Process

Step 1 — Trademark search

Before filing, conduct a search on the IP India Trade Marks Registry to verify that no identical or similar mark exists for the same class.

The search covers:

• Registered trademarks — the database of all registered marks.
• Pending applications — the database of marks under examination (not yet registered).
• WIPO Madrid Protocol — international marks designated for India.

The search is free on the IP India portal. The professional firm may run an enhanced search (covering common-law marks, unregistered usage, and prior domain names).

Step 2 — Determine the class(es)

Based on the goods / services of the business, identify the relevant Nice class(es). For a startup, two classes are typical. For a multi-product business, more.

Step 3 — Identify the mark type

The mark can be:

• Word mark — the textual element only (e.g., “FinTax24”).
• Device mark — the visual element (logo, design).
• Combination mark — both word and device.

The word mark is the most protective — it covers the textual element regardless of the font, colour, or layout. The device mark protects the visual.

Most startups file both the word mark and the device mark — two separate applications.

Step 4 — File Form TM-A

The application is filed on the IP India Online portal using Form TM-A. The form requires:

• Applicant’s name, address, nationality.
• Type of applicant (individual, partnership, company, LLP).
• Trade name / business name.
• Mark details — word, logo, tagline, colour claim.
• Class(es) of goods / services.
• Goods / services description.
• Date of first use in India (or proposed use).
• User affidavit (if claiming prior use).

The form is signed by the applicant (or the authorised signatory for an entity) using DSC / e-Sign.

The filing fee is paid online.

Step 5 — Receive the filing receipt

The IP India portal generates a filing receipt with the application number and the filing date. The receipt is the proof of the application.

The priority date is the filing date. From this date onwards, the applicant has priority over any subsequent applicant for the same / similar mark in the same class.

Step 6 — Vienna Codification

If the application includes a device / logo, the IP India registry assigns a Vienna Codification — a numerical code that classifies the visual elements of the mark. The codification takes 1–3 months.

Step 7 — Examination

The Trademark Examiner reviews the application against:

• The distinctiveness of the mark.
• The similarity to existing marks in the same class.
• The prohibited marks (Section 9 of the Trade Marks Act).
• The classification accuracy.

The Examiner issues an examination report — either an acceptance or an objection. The report is issued within 3–6 months of filing.

Step 8 — Response to examination report (if objection)

If the Examiner objects, the applicant has 30 days (extendable to 3 months) to respond to the objections. The response includes:

• Arguments distinguishing the mark from the cited marks.
• Evidence of use (if any).
• Modifications to the mark or the goods / services description.

The Examiner reviews the response and either accepts the mark or refuses the registration.

Step 9 — Journal publication

If the application is accepted, the mark is published in the Trademark Journal — a weekly publication of all accepted marks. The Journal publication triggers the opposition window.

Step 10 — Opposition window

Any third party can oppose the registration within 4 months (120 days) of the Journal publication. The opposition is filed in Form TM-O.

If no opposition is filed within the window, the mark proceeds to registration.

Step 11 — Registration certificate

If unopposed, the Registrar issues the Registration Certificate in Form TM-2. The certificate contains the registration number, the registration date, the class(es), the goods / services, and the mark’s visual / textual representation.

The certificate is valid for 10 years from the date of application (not the registration date). The mark is renewed for successive 10-year periods.

The Timeline

For an unopposed trademark:

Step	Time
Search + class identification	1–2 weeks
Filing TM-A	1 day
Vienna Codification (if device mark)	1–3 months
Examination report	3–6 months from filing
Response to objection (if any)	1–3 months
Journal publication	1 month from acceptance
Opposition window	4 months
Registration certificate	1–2 months after opposition window
Total	6–12 months unopposed; 18–36 months opposed

The timeline depends on the backlog at the Trademark Registry. In recent years, the backlog has been significant — examination reports are issued 6–12 months after filing in many cases.

The Common Mistakes

Mistake 1 — Filing in the wrong class

The applicant files in Class 9 (software) but the actual product is a service (SaaS) — Class 42 is correct. The wrong-class filing provides no protection. The application must be re-filed.

Mistake 2 — Inadequate goods / services description

The description “software” is too generic. The description should be specific — “computer software for accounting, financial management, and tax compliance, downloadable”. A narrow description limits the scope of protection.

Mistake 3 — Not responding to the examination report

The Examiner’s report is not responded to within the deadline. The application is abandoned. The applicant loses the priority date.

Mistake 4 — Not defending against opposition

A third party opposes the application. The applicant does not file the counter-statement within the deadline. The application is refused.

Mistake 5 — Not renewing

The registration is valid for 10 years. The renewal is not filed. The mark is removed from the register. The applicant must re-file (and loses the priority date).

The Single Most Important Advice

Conduct a thorough search before filing. File in the correct class(es) with a specific goods / services description. Respond promptly to any examination report. Defend against any opposition. Renew on time (the renewal can be filed within 6 months before expiry, with a 6-month grace period for late renewal).

When to Get Help

For most startups, a trademark attorney handles the filing. The attorney conducts the search, drafts the application, responds to the examination report, and defends against opposition. The cost is ₹8,000–₹18,000 per class per mark, depending on the firm.

We routinely handle trademark registration for clients. Our trademark registration service covers the search, the filing, the prosecution, and the renewal. Share your brand name and the goods / services on WhatsApp for a no-charge search and class recommendation.

For the strategic ROI of trademark registration, see our Trademark: cheapest startup insurance guide.

Sources

• IP India Trade Marks Registry
• Trade Marks Act, 1999
• IP India Online Filing Portal
• WIPO Madrid Protocol
• Nice Classification