Trademark Classes in USA: How They Differ from India

If you are an Indian business owner planning to expand into the United States, understanding trademark classes in USA is one of the first things you need to get right. Many Indian entrepreneurs assume that since both countries follow the Nice Classification, the process is identical. That assumption often leads to application rejections, wasted fees, and delayed brand protection.

The truth is, while India and the USA share the same 45-class framework established under the Nice Agreement of 1957, the way each country applies that framework varies significantly. From the specificity of goods and services descriptions to the filing fees structure and the use-based registration requirement in the US, the differences are more than cosmetic. They can directly affect whether your trademark application succeeds or fails.

This guide breaks down the key differences between US trademark classification and Indian trademark classification, so you can file with confidence in either jurisdiction. Whether you sell software, run a consumer brand, or export goods internationally, this comparison will help you plan your intellectual property strategy effectively.

What Are Trademark Classes and Why Do They Matter

Trademark classes are categories that organize goods and services into defined groups for the purpose of trademark registration. The system used globally is the Nice Classification, which divides all possible goods and services into 45 classes. Classes 1 through 34 cover goods such as chemicals, machinery, textiles, food items, and electronics. Classes 35 through 45 cover services including advertising, insurance, education, legal work, and hospitality.

Choosing the correct class is not just a procedural step. It defines the legal boundary of your trademark protection. A mark registered under Class 25 (clothing) will not protect you if someone copies your brand name for software products, which fall under Class 9. This is why businesses often register in multiple classes to cover all their offerings.

Both the USPTO (United States Patent and Trademark Office) and the Indian Trademark Registry under the Controller General of Patents, Designs, and Trademarks use these 45 classes. However, how they interpret, accept, and enforce class descriptions differs in several important ways. Indian businesses expanding overseas, especially those looking at trademark registration in India first, should understand these nuances before filing in the US.

The Nice Classification: Same Framework, Different Application

The Nice Classification was established in 1957 in Nice, France, under the World Intellectual Property Organization (WIPO). It provides a standardized list of 45 classes and is currently used by over 150 trademark offices worldwide. Both the United States and India are members of this system, which means the class numbers are identical in both jurisdictions. Class 9 covers scientific apparatus and software in both countries. Class 42 covers scientific and technological services in both.

Where the two systems diverge is in how descriptions within each class are accepted. India's Trademark Registry tends to accept broad, umbrella-style descriptions. For instance, an Indian applicant might successfully file under Class 35 with a description as general as "advertising and business management services." The Indian office rarely pushes back on such sweeping language.

The USPTO, on the other hand, demands precision. It requires applicants to use specific wording from the USPTO Acceptable Identification of Goods and Services Manual (commonly called the ID Manual). A description like "advertising services" alone would likely face an office action requesting clarification. The USPTO wants to know exactly what kind of advertising, for whom, and through what medium. This distinction catches many Indian filers off guard when they attempt to replicate their Indian filing descriptions for a US application.

Key Differences Between Trademark Classes in USA and India

Use-Based vs. Registration-Based System: A Critical Distinction

One of the most fundamental differences between US trademark classification and Indian trademark law is the concept of "use in commerce." The United States follows a use-based system. This means a trademark can only achieve full registration if the applicant demonstrates that the mark is actively being used in connection with the goods or services listed in the application. If you file under Class 9 for downloadable software, you must show that the software is available for download in the US market.

India, by contrast, follows a registration-based system. An applicant can file a trademark application without having used the mark commercially. The Indian Trademark Act, 1999 allows filing based on an intention to use, and the applicant is not required to submit proof of use at the time of application or even at registration. This makes it easier for Indian startups and new ventures to secure their brand early.

For Indian businesses entering the US, this means you cannot simply file a trademark application in America and wait. If you choose to file under the "use in commerce" basis, you need specimens showing the mark being used, such as product labels, screenshots of websites selling the product, or packaging. Alternatively, you can file an "intent-to-use" (ITU) application, but you will eventually need to prove use before the registration is finalized. This additional requirement makes US filings more complex and requires careful planning. If you are also setting up a private limited company registration for your US operations, coordinating the trademark filing timeline with your business incorporation makes practical sense.

Filing Fees and Cost Comparison

Cost is a practical consideration that shapes how businesses approach trademark classes in USA versus India. The USPTO offers different filing options with varying fees. Under the TEAS Plus system, which requires strict compliance with pre-approved descriptions from the ID Manual, the fee is approximately $250 per class. The TEAS Standard option, which allows more flexibility in describing goods and services, costs around $350 per class.

In India, the fee structure is simpler. For individuals, startups, and small enterprises, the government fee is Rs 4,500 per class. For other entities such as large companies and foreign applicants, the fee is Rs 9,000 per class. Additional professional fees apply when hiring a trademark attorney, which is strongly recommended for US filings due to the strict procedural requirements.

When you register in multiple classes, the costs multiply in both countries. A filing in three classes in the US at the TEAS Plus rate would cost $750 in government fees alone, while the same in India would cost Rs 13,500 for a startup. The financial difference is notable, but the bigger concern for Indian businesses is getting the class descriptions right in the US to avoid costly office actions and refiling.

Common Trademark Classes Used by Indian Businesses in the USA

Indian companies expanding to the US typically file across a handful of popular classes depending on their industry. Understanding which classes apply to your business helps streamline the filing process.

Class 9 is commonly used by Indian IT and SaaS companies for software products, mobile applications, and electronic devices. Class 25 is popular among Indian textile and apparel exporters covering clothing, footwear, and headwear. Class 30 covers food products such as spices, tea, coffee, and confectionery, making it relevant for Indian FMCG brands. Class 35 covers advertising, business management, and retail services, often used by e-commerce companies. Class 42 is relevant for companies offering technology consulting, software development, and web hosting services.

If your business also deals in import-export activities, coordinating your IEC registration with your trademark strategy ensures your brand identity is protected both in India and in the US market.

Mistakes Indian Businesses Make When Filing Trademark Classes in USA

The most frequent mistake is copying descriptions directly from Indian trademark filings into US applications. What works before the Indian Trademark Registry will often trigger an office action from the USPTO. Broad phrases like "all goods in Class 9" or "business services" are unacceptable under US standards.

Another common error is underestimating the number of classes needed. Indian businesses that operate across multiple product lines sometimes file under a single class to save costs, only to discover that their mark offers no protection for some of their core offerings. In the US, failing to cover relevant classes leaves gaps that competitors can exploit.

Filing without a US-licensed trademark attorney is also a pitfall. Since 2019, the USPTO requires foreign-domiciled applicants to have a US-licensed attorney represent them. Indian businesses that attempt to file on their own or through Indian agents who are not licensed in the US will have their applications refused.

Additionally, ignoring the use-in-commerce requirement leads to abandoned applications. Many Indian filers submit intent-to-use applications but fail to file the required Statement of Use within the deadline, causing the application to lapse. Planning your market entry alongside your trademark filing timeline helps avoid this outcome.

How to Choose the Right Trademark Class for US Filing

Start by listing every product and service your business offers or plans to offer in the US market. Then, consult the USPTO's ID Manual to find pre-approved descriptions that match your offerings. The ID Manual is searchable online and provides specific language that the USPTO will accept without objection.

Next, cross-reference your selected classes with your Indian trademark registration to ensure consistency. If you registered under Class 35 in India for retail services, check whether the same class number covers the same activities in the US context. In most cases, the class numbers align, but the accepted descriptions differ.

Engaging a US-licensed trademark attorney early in the process is highly advisable. They can review your business model, recommend the right classes, draft compliant descriptions, and handle any office actions that may arise during examination. For Indian businesses that also need assistance with GST registration or other compliance needs domestically, working with a firm that understands both Indian and international frameworks simplifies the coordination.

Conclusion

Filing for trademark protection in the United States requires more than just selecting the right class number. For Indian businesses, the transition from India's lenient filing environment to the USPTO's strict, use-based system demands careful preparation. Understanding the nuances of trademark classes in USA, from description specificity to mandatory use requirements, can save you time, money, and legal complications.

Whether you are a tech startup registering software under Class 9, a food brand protecting spices under Class 30, or an e-commerce platform filing under Class 35, getting your US trademark classification right from the start is essential. Work with qualified professionals who understand both jurisdictions, and align your trademark strategy with your broader business expansion plans.

If you need expert guidance on trademark registration in India before expanding internationally, Patron Accounting can help you navigate the process from start to finish.