What is the Nice Classification and which edition applies in India?

The Nice Classification is the international classification of goods and services for trademark registration administered by the World Intellectual Property Organisation (WIPO). India is a contracting state to the Nice Agreement, and the Indian Trade Marks Registry follows the latest edition of the Nice Classification. The 12th edition (NCL 12-2024) was published by WIPO and came into operative use in India in early 2024. The Nice Classification has 45 classes: classes 1 to 34 for goods and classes 35 to 45 for services. The classification is reviewed periodically and the edition number reflects the version of the Alphabetical List and Class Headings.

How many classes can a single trademark application cover in India?

Under the Trade Marks Rules, 2017, an Indian trademark application can cover multiple classes, but each class requires the prescribed fee per class. The application form TM-A allows selection of any combination of classes. For an individual filer, the per-class fee is ₹4,500 (online); for a company, ₹9,000 (online). A D2C brand typically files in 5 to 12 classes to cover the product line, the digital marketing services, the retail services, and ancillary categories. Multi-class filings consolidate the registration date and prosecution history across classes, simplifying portfolio management.

What is Section 11 of the Trade Marks Act 1999?

Section 11 prescribes the relative grounds for refusal of registration. Sub-section (1) prohibits registration of a trademark that is identical or similar to an earlier trademark and is to be registered for similar goods or services where there exists a likelihood of confusion. Sub-section (2) provides additional protection for well-known trademarks. The examination report under Section 18 typically raises Section 11 objections by citing one or more conflicting earlier marks. The applicant responds with the defence of (a) lack of similarity, (b) different goods/services, (c) honest concurrent use under Section 12, or (d) acquired distinctiveness.

What is Section 12 honest concurrent use?

Section 12 of the Trade Marks Act 1999 permits registration of trademarks that are otherwise barred under Section 11 in cases of honest concurrent use. The applicant must demonstrate that the use of the proposed mark started honestly without knowledge of the earlier mark, that there is no actual confusion in the market, that the geographic or product separation has been maintained, and that the trade marks coexist commercially. The Registrar may impose conditions on the registration to manage the coexistence. Section 12 is invoked frequently in regional and family-name disputes.

What are common multi-class filing strategies for a D2C brand?

A D2C brand typically files in: Class 3 (cosmetics, soaps, fragrances), Class 5 (pharmaceuticals, dietary supplements), Class 25 (clothing, footwear, headgear), Class 29 (meat, fish, fruits, vegetables, dairy products preserved), Class 30 (coffee, tea, sugar, rice, flour, confectionery), Class 32 (beverages), Class 35 (advertising, retail services, e-commerce), Class 38 (telecommunications), Class 39 (transport and packaging of goods), Class 41 (education, entertainment, training), Class 42 (scientific and technological services, IT services), and Class 45 (legal services, personal and social services). The specific class set depends on the product line and the digital footprint. Cosmetics-led D2C: classes 3, 5, 35, 38, 42. Apparel-led D2C: classes 25, 35, 38, 41. Food and beverage-led D2C: classes 29, 30, 32, 35, 38.

How long does the Indian trademark registration process take?

Under normal cadence, the Indian trademark registration from TM-A filing to registration certificate takes 12 to 24 months. The stages: filing and TMR acceptance (1 to 2 weeks), examination and examination report (4 to 8 months), response to examination report (1 to 3 months), advertisement in Trade Marks Journal (6 to 9 months from filing), opposition window (4 months from advertisement), opposition proceedings if filed (12 to 24 months further), and registration certificate issuance (1 to 2 months from clearance). For applications without examination report objections and without opposition, the timeline is approximately 12 to 18 months. With objections or opposition, it extends to 24 to 36 months.

Trademark class selection in 2026: why the Nice Classification 12th edition matters for Indian D2C brands

The class-selection decision that defines brand protection for 10 years

For an Indian D2C brand founder, the trademark filing is often the first formal intellectual property step. The decision is structurally consequential. The class or classes selected at filing define the scope of legal protection for the next 10 years (the initial registration term), and any subsequent expansion into new classes requires a fresh application with the new filing date as the priority date. A brand that files only in Class 25 (apparel) and later expands into Class 35 (retail services) faces a coverage gap for the intervening years.

The class selection is governed by the Nice Classification, the international system administered by WIPO. India follows the latest edition, currently the 12th edition (NCL 12-2024), which became operative in early 2024 with several class boundary adjustments and the introduction of new specifications reflecting the digital economy. For a Indian D2C founder filing in 2026, understanding the Nice Classification 12th edition is the difference between robust protection and an inadvertent coverage gap.

This post walks through the 45-class structure, the 12th edition changes, the multi-class strategy, the Section 11 and Section 12 defences in the examination report, and the class-selection workflow KAMRIT recommends for D2C brands.

The 45-class structure of the Nice Classification

The Nice Classification organises goods and services into 45 classes:

Goods classes (Classes 1 to 34):

Class 1: Chemicals for industry, science, photography
Class 2: Paints, varnishes, preservatives against rust
Class 3: Bleaching preparations, soaps, cosmetics, perfumery, dentifrices
Class 4: Industrial oils, greases, fuels, lubricants
Class 5: Pharmaceuticals, veterinary preparations, dietary supplements, sanitary preparations
Class 6 to 8: Metal goods, machines, hand tools
Class 9: Scientific and electrical apparatus, computer software, downloadable content
Class 10: Surgical and medical apparatus
Class 11: Lighting, heating, sanitary installations
Class 12 to 17: Vehicles, firearms, jewellery, musical instruments, paper goods, rubber goods
Class 18: Leather goods, luggage, umbrellas
Class 19 to 22: Building materials, furniture, household utensils
Class 23 to 25: Yarns and threads, textiles, clothing and footwear
Class 26 to 28: Lace and embroidery, carpets, games and toys
Class 29 to 34: Foodstuffs

Services classes (Classes 35 to 45):

Class 35: Advertising, business management, office functions, retail services
Class 36: Insurance, financial services, real estate
Class 37: Building construction, repair, installation
Class 38: Telecommunications
Class 39: Transport, packaging and storage, travel arrangement
Class 40: Treatment of materials, custom manufacturing
Class 41: Education, training, entertainment, sporting and cultural activities
Class 42: Scientific and technological services, software design, IT services
Class 43: Hotel, restaurant, food and drink services
Class 44: Medical services, beauty care, agriculture
Class 45: Legal services, security services, personal and social services

What changed in the 12th edition (NCL 12-2024)

The 12th edition of the Nice Classification, operative in India from early 2024, introduced several adjustments relevant for D2C brands.

Digital and downloadable content. Class 9 was expanded to include digital downloads, downloadable mobile applications, downloadable NFTs (with specifications), and digital assets in a broader sense. Class 35 retail and e-commerce services were clarified.

Sustainable and plant-based products. Class 29 (meats and processed foods) and Class 30 (cereals and preparations) were re-organised to accommodate plant-based meat alternatives, vegan dairy substitutes, and other sustainable food categories. Plant-based meat alternatives are now in Class 29.

Augmented reality and virtual reality services. Class 41 (entertainment) and Class 42 (IT services) were adjusted to include AR/VR experience design, metaverse-related services, and virtual events.

Subscription services and SaaS. Class 42 was clarified for SaaS (software as a service), Class 38 for streaming services, and Class 35 for subscription-based commerce.

Cryptocurrency and blockchain. Class 36 (financial services) was clarified to include cryptocurrency exchange services, NFT marketplaces (with specific drafting). Class 9 was expanded for downloadable cryptocurrency wallets and downloadable NFTs.

Online education. Class 41 was clarified for online education, MOOCs, and EdTech services.

The 12th edition specifications must be referenced when drafting the goods and services description. A description using earlier edition vocabulary may attract examination report objections for being vague or outdated.

Multi-class filing strategies for D2C brands

The class selection depends on the brand's product line, the digital and physical channels, and the future expansion plans. KAMRIT's typical multi-class templates by D2C category:

Cosmetics and personal care D2C (e.g., Mamaearth, Sugar Cosmetics, Plum):

Class 3 (cosmetics, soaps, fragrances)
Class 5 (dietary supplements, herbal remedies)
Class 35 (retail services, e-commerce, advertising)
Class 41 (educational content, beauty tutorials)
Class 44 (beauty care services, salons)

Apparel and accessories D2C (e.g., Bewakoof, The Souled Store):

Class 9 (sunglasses, smartwatches)
Class 14 (jewellery, watches)
Class 18 (luggage, bags)
Class 25 (clothing, footwear, headgear)
Class 35 (retail services)

Food and beverage D2C (e.g., Open Secret, RAGE Coffee, Slurrp Farm):

Class 29 (preserved meats, fish, dairy)
Class 30 (cereals, coffee, tea, sugar, flour, confectionery)
Class 32 (non-alcoholic beverages)
Class 35 (retail services)
Class 43 (food and drink services if there is a cafe or restaurant arm)

Wellness and supplements D2C (e.g., Wellbeing Nutrition, OZiva):

Class 5 (dietary supplements, pharmaceuticals)
Class 29 (preserved fruits, vegetables)
Class 30 (protein bars, nutritional cereals)
Class 32 (functional beverages)
Class 35 (retail services)

Home and lifestyle D2C (e.g., Wakefit, The Sleep Company):

Class 20 (furniture, mattresses)
Class 24 (textiles, bed linens)
Class 35 (retail services)

Health-tech and femtech D2C:

Class 3 (cosmetics if applicable)
Class 5 (pharmaceutical and hygiene products)
Class 10 (medical apparatus)
Class 35 (retail services)
Class 44 (medical and beauty services)

Always-include service classes for digital-first D2C:

Class 35 (advertising, retail, e-commerce)
Class 38 (telecommunications, if app-based services)
Class 41 (educational and content services)
Class 42 (IT, app, website services)

The examination report and Section 11/Section 12 objections

Once the TM-A application is filed, the Examiner at the Trade Marks Registry reviews the application against:

Absolute grounds for refusal under Section 9 (descriptive, generic, devoid of distinctive character, or geographic/quality-indicating)
Relative grounds for refusal under Section 11 (similar or identical to an earlier mark)
Disclaimer requirements under Section 12
Specification clarity

The examination report (also called the Examination Report or the Provisional Refusal Order in some cases) is communicated to the applicant or their agent within 6 to 12 months of filing.

Section 9 objections typically arise where the proposed mark is descriptive ("Best Coffee" for coffee), generic ("Soap" for soap), or geographic ("Mysore" for goods not from Mysore). The defence is (a) acquired distinctiveness through long and continuous use, (b) coined and arbitrary nature of the mark, or (c) suggestive (not descriptive) interpretation.

Section 11 objections are the most common. The Examiner cites one or more earlier conflicting marks (registered or applied for) that are similar to the proposed mark. The defences:

Lack of phonetic, visual, or conceptual similarity: demonstrate that the two marks are dissimilar in pronunciation, spelling, or meaning.
Different goods/services: demonstrate that the cited mark is in a different class or in a non-similar specification.
Different consumer base: demonstrate that the target consumers do not overlap.
Honest concurrent use under Section 12: demonstrate prior bona fide use without knowledge of the cited mark.
Coexistence agreement: if the cited mark holder is willing, file a coexistence agreement.

Section 12 honest concurrent use is the rescue defence. The applicant demonstrates that the use of the proposed mark started honestly, that the use continued without confusion in the market, that the geographic or product separation has been maintained, and that the trade marks coexist commercially. The Registrar may impose conditions on the registration to manage the coexistence (e.g., specific geographic limitation, specific product limitation, mandatory disclaimer).

The class-selection workflow KAMRIT recommends

Brand audit. Map the current product line, the planned 5-year expansion, the digital and physical channels, and the international expansion intent.
Search. Conduct a comprehensive availability search across the relevant classes using the Trade Marks Registry's online search tool and global trademark databases.
Initial class shortlist. Identify 5 to 12 classes that cover the brand's intended footprint.
Specification drafting. Draft each class specification using the Nice Classification 12th edition vocabulary, with sufficient breadth to cover the brand's planned footprint but not so broad that the specification attracts objection for vagueness.
Priority filing. File the TM-A application with the multi-class election. Pay the per-class fee.
Examination report response. Within the 30-day response window (extendable on request), respond to the examination report with the Section 11/Section 12/Section 9 defences as applicable. KAMRIT typically files the response with a detailed legal opinion, an affidavit of use, and a coexistence analysis where applicable.
Trade Marks Journal advertisement. Once the examination is cleared, the mark is advertised in the Trade Marks Journal for the 4-month opposition window.
Opposition handling. If an opposition is filed, contest it through the Tribunal of the Registrar. Most oppositions settle through coexistence agreements; some go to trial.
Registration certificate. Once the opposition window closes without opposition or after opposition is resolved, the registration certificate is issued.
Renewal. Renew the registration every 10 years.

Madrid Protocol option for international expansion

For D2C brands planning international expansion, the Madrid Protocol filing provides a single application covering up to 130+ member countries. India ratified the Madrid Protocol in July 2013. The Indian D2C brand files the international application through the Trade Marks Registry as the office of origin, designating the target countries. Filing is centralised, but each designated country examines independently and can refuse on local grounds.

Related: Madrid Protocol Filing

Talk to KAMRIT

KAMRIT's intellectual property practice has filed over 1,200 trademark applications for D2C brands, including multi-class filings in 6 to 12 classes, examination report responses to Section 11 objections, opposition proceedings, and Madrid Protocol international filings. Our class-selection memo for each new brand is a 14-page document covering the current footprint, the 5-year expansion, the international plan, and the recommended class set with specification drafts. For a D2C brand filing the first trademark or expanding an existing portfolio, the fixed-fee engagement starts at ₹35,000 for a 5-class national filing, ₹85,000 for a 10-class national filing, and ₹2 lakh for a Madrid Protocol filing covering 10 countries. Reach out at kamrit.in for a free 30-minute trademark strategy call.

References

Trade Marks Act, 1999, Sections 9, 11, 12, 18.
Trade Marks Rules, 2017.
Nice Agreement Concerning the International Classification of Goods and Services, 1957 (revised editions).
Nice Classification, 12th edition (NCL 12-2024), WIPO.
Madrid Protocol Concerning the International Registration of Marks, 1989.
Indian Trade Marks Registry Manual.