Trademark Class List for Services in India: Classes 35 to 45 Explained

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Introduction

When registering a trademark in India, businesses must identify the specific class or classes under which their goods or services fall, since a trademark is protected only within the class in which it is registered. India follows the international Nice Classification system, established under the Nice Agreement of 1957 and maintained by the World Intellectual Property Organization, which divides all goods and services into 45 classes. Of these, Classes 1 to 34 cover goods, while Classes 35 to 45 cover services, making services-based trademark filings relevant to a wide range of businesses including IT companies, consultants, restaurants, educational institutions, and professional service providers.

For service-oriented businesses such as software companies, agencies, hospitality brands, financial service providers, and professional firms, identifying the correct service class or classes at the time of filing is essential, since filing under the wrong class can leave the actual business activity unprotected, while filing under too few classes can leave gaps that competitors may exploit. This guide explains each of the 11 service classes under the Nice Classification, the kinds of businesses and activities each class typically covers, and how to approach class selection for service-based trademarks.

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How Many Trademark Classes Cover Services in India?

The Nice Classification system used in India consists of 45 classes in total, with Classes 1 to 34 covering goods such as chemicals, clothing, electronics, food products, and pharmaceuticals, and Classes 35 to 45 covering services. This means there are 11 trademark classes dedicated to services in India, covering everything from advertising and business management to education, healthcare, hospitality, legal services, and technology-related services.

The Trade Marks Act, 1999 and the Trade Marks Rules, 2017 require the Registrar of Trade Marks to classify goods and services according to the current edition of the Nice Classification published by the World Intellectual Property Organization, which is periodically updated to reflect changes in industry and technology, such as the recent codification of artificial intelligence services under the relevant technology class.

Complete List of Trademark Service Classes (35 to 45)

Class 35: Advertising and Business Management

Class 35 covers advertising, business management, business administration, office functions, and related activities. This class is particularly relevant for advertising agencies, marketing firms, business consultants, and retail or wholesale services. Importantly, businesses operating in retail or e-commerce, such as online marketplaces or stores, generally need to file under Class 35 to cover the retail and sale-related aspects of their business, in addition to the classes covering the specific products they sell.

Class 36: Insurance and Financial Services

Class 36 covers insurance, financial affairs, monetary affairs, banking, and real estate affairs. This class is relevant for insurance companies, banks, non-banking financial companies, investment advisory firms, payment service providers, and real estate brokers and developers offering financial or transactional services related to property.

Class 37: Construction and Repair Services

Class 37 covers building construction, repair services, and installation services. This class is relevant for construction companies, real estate developers undertaking construction activities, repair and maintenance service providers, and businesses offering installation services for equipment, fixtures, or infrastructure.

Class 38: Telecommunications

Class 38 covers telecommunications services, including services that allow at least one person to communicate with another by sensory means, broadcasting, and providing access to telecommunications networks. This class is relevant for telecom operators, internet service providers, broadcasting companies, and businesses offering messaging, calling, or data transmission services.

Class 39: Transport, Packaging, and Storage

Class 39 covers transport, packaging and storage of goods, and travel arrangement. This class is relevant for logistics companies, courier and delivery services, freight and shipping companies, travel agencies, tour operators, and businesses offering warehousing and storage services.

Class 40: Treatment of Materials

Class 40 covers treatment of materials, including services related to the transformation of materials or objects, such as customised manufacturing, recycling, and energy production services. This class is relevant for businesses offering manufacturing-on-demand services, material processing, printing services for third parties, recycling and waste treatment services, and energy generation services.

Class 41: Education, Training, and Entertainment

Class 41 covers education, providing of training, entertainment, sporting, and cultural activities. This class is relevant for schools, colleges, coaching institutes, e-learning platforms, training academies, entertainment and event management companies, sports clubs, and cultural organisations such as museums and exhibition organisers.

Class 42: Scientific and Technological Services

Class 42 covers scientific and technological services, research and design relating thereto, and industrial analysis and research services, along with design and development of computer hardware and software. This class is highly relevant for IT companies, software development firms, SaaS providers, technology consultancies, research and development organisations, and engineering and design firms. Recent updates to the Nice Classification have also explicitly codified artificial intelligence software development and AI-as-a-service offerings under this class.

Class 43: Food, Drink, and Accommodation Services

Class 43 covers services for providing food and drink, and temporary accommodation. This class is relevant for restaurants, cafes, cloud kitchens, catering services, hotels, resorts, and other hospitality businesses offering food, beverage, or lodging services.

Class 44: Medical, Veterinary, and Beauty Services

Class 44 covers medical services, veterinary services, hygienic and beauty care for human beings or animals, and agriculture, horticulture, and forestry services. This class is relevant for hospitals, clinics, diagnostic centres, veterinary services, salons and spas, wellness centres, and agricultural service providers.

Class 45: Legal, Security, and Personal Services

Class 45 covers legal services, security services for the protection of property and individuals, and personal and social services rendered by others to meet the needs of individuals. This class is relevant for law firms and legal consultants, security agencies, detective services, and personal services such as matrimonial agencies and personal styling services.

Service Classes at a Glance

How to Choose the Right Service Class for Your Business

Step 1: List Out the Services Your Business Offers

Begin by listing all the services your business currently offers and any services it is likely to offer in the near future, since trademark protection is limited to the class and the specific goods or services described within that class for which registration is sought.

Step 2: Map Each Service to the Relevant Class

Once the services are listed, map each one to the class that most closely covers it using the class descriptions above. For example, a company offering both software development and IT consulting would generally look to Class 42, while a company that also runs marketing campaigns for its software product may additionally need to consider Class 35.

Step 3: Consider Whether Multiple Classes Are Needed

Many businesses offer services that span more than one class. A hospitality business offering both restaurant services and event management may need both Class 43 and Class 41. An e-commerce platform selling products typically needs Class 35 for the retail aspect, in addition to the classes covering the specific products being sold. Multi-class applications are permitted under the Trade Marks Act, and the government fee applies per class.

Step 4: Account for Future Business Plans

Since registrations are tied to specific classes, businesses planning to expand into adjacent services may consider including the relevant classes at initial filing, balanced against the additional fees for classes not yet relevant to current operations.

Why Choosing the Right Service Class Matters

Scope of Legal Protection

A trademark registered in one class does not protect the brand name in another class. A business registered under Class 42 for software services that later expands into financial services without registering under Class 36 would not have statutory protection for that aspect of its business, even under the same brand name.

Avoiding Conflicts and Rejections

Filing under a class that does not accurately reflect actual services can lead to objections during examination, or disputes later if another entity has registered a similar mark in the class that actually corresponds to the business’s activities.

Supporting Business Expansion

For businesses operating across multiple service categories, such as IT services (Class 42) and business consulting (Class 35), securing registration across the relevant classes provides protection that aligns with how the business actually operates and grows.

Frequently Asked Questions

Conclusion

Out of the 45 trademark classes under the Nice Classification system followed in India, 11 classes, numbered 35 to 45, are dedicated to services, covering activities ranging from advertising and financial services to telecommunications, education, technology, hospitality, healthcare, and legal services. For any service-based business, identifying the class or classes that accurately reflect its actual and planned activities is foundational to the trademark registration process, since protection under the Trade Marks Act, 1999 is limited to the registered class.

Identify every service your business currently offers and is likely to offer soon before finalising your class selection. Remember that protection is limited strictly to the registered class, so a brand operating across multiple service categories may need a multi-class application. And keep in mind the Nice Classification is periodically updated, so newer categories of services, including technology-related ones, may now be more specifically covered than before.

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Aryan Yadav

I’m Aryan Yadav, passionate about SEO and Digital Marketing with a strong interest in helping businesses grow online. I enjoy learning new strategies, exploring digital trends, and creating ideas that deliver value. I believe in continuous growth, creativity, and building meaningful results through smart work and dedication.