Trademark Classes for Cosmetics in India: Class 3, 5 and 35
A trademark covers a name only for the goods and services you list. Choosing the wrong class leaves your brand exposed. This guide explains the classes that matter for cosmetics, how the process runs and what to do about objections.
What a trademark class does
Trademarks in India are filed under a classification system of goods and services. When you file, you choose the class or classes that match what you sell, and the registration protects the name for those goods and services. A name that is registered for cosmetics does not automatically cover something unrelated.
The official registry is IP India. Its website holds the public search, forms and fee schedule. This guide explains the typical choices for a beauty brand. For case-specific advice, consult a trademark attorney.
The three classes most cosmetic brands consider
| Class | What it covers | When you need it |
|---|---|---|
| Class 3 | Cosmetics, skincare, soaps, perfumery, essential oils, hair lotions, dentifrices | Almost every cosmetic brand. This is the core class. |
| Class 5 | Pharmaceutical and medicated products | If your products are medicated or have a therapeutic character, for example certain Ayurvedic or medicated formulas. |
| Class 35 | Advertising, business management and retail services, including online retail store services | If you sell your own and other brands’ goods through a store or website. |
Class 3 is the one to file first for a skincare or hair care brand. Class 35 becomes relevant if you run a retail store or e-commerce shop under the brand. Class 5 is worth discussing with an attorney for medicated or herbal ranges. See launching an Ayurvedic or herbal brand for how that line is drawn.
Other classes can apply to accessories, packaging or services, such as class 44 for beauty and hygiene services. A professional can map your plan to the right set.
What the filing costs
IP India publishes the fee for each form. Secondary sources report e-filing fees of Rs 4,500 per class for individuals, startups and small enterprises and Rs 9,000 per class for others. Fees change, so confirm the current schedule on the IP India site before you budget.
Because you pay per class, filing in three classes costs three times the single-class fee. For many new brands, class 3 first is the practical start, with others added when the business reaches them. Startups recognised by DPIIT may qualify for a fee rebate; see Udyam and Startup India for beauty brands.
The registration process, step by step
Search
Check the public register for identical and similar marks in your classes. Do this before filing.
File the application
Online through IP India, with the mark, the classes, the applicant details and whether the mark is already in use.
Examination
An examiner checks the application against the Trade Marks Act. A source we reviewed says the registry takes about four to six months to issue an examination report. Treat timelines as estimates.
Reply to objections
If the examiner objects, you must reply within the time stated, which a source describes as one month from the date of the report. Missing the deadline can cause the application to be abandoned.
Publication in the journal
If accepted, the mark is published so that others can oppose it. The opposition window is typically four months, so confirm the current rule.
Registration
If there is no opposition or you win it, the mark is registered. Registration is valid for ten years and can be renewed.
Timelines vary by case and workload. Plan your launch so that you do not depend on registration finishing first.
What objections look like and how to respond
Examiners can refuse a mark on absolute grounds, such as being purely descriptive or generic, or on relative grounds, such as being too similar to an earlier mark. These are Sections 9 and 11 of the Trade Marks Act, 1999.
Avoid most objections by choosing a distinctive name. See how to choose a cosmetic brand name and registering a cosmetic brand name in India.
When to use TM and when to use R
You may use the TM symbol once you claim a mark, including while your application is pending. The R symbol is for registered marks only. Using R before registration can mislead customers, so wait until the registration is granted.
Practical checklist
For the whole sequence of launch tasks see the brand launch checklist.
What to have ready before you file
Decide between a word mark and a logo mark. For most new brands a word mark is the stronger first filing, because it protects the name regardless of how the logo changes later.
Trademark mistakes that cost brands time
For the bigger picture of launch registrations, including GST and Udyam, read GST for cosmetic brands and Udyam and Startup India.
Word mark, logo mark or both?
A word mark protects the name itself, regardless of font or colour. A logo mark protects a particular design. Many brands file the word mark first, because the name is the asset that appears in searches, conversations and invoices, and the logo may change as the brand matures.
If you are unsure, speak to a trademark attorney before you file. The way the mark is described in the application affects how widely it is protected.
How trademark fits with the rest of your launch
Trademark work runs in parallel with product development. While the registry reviews your application, your manufacturer can produce your first batch, and you can sell under the TM symbol. What you should not do is print thousands of labels on a name you have not searched.
Search first
Before you design anything.
File early
The filing date matters if someone else applies later.
Print in a measured quantity
Start with a small first batch of packaging.
Keep evidence
Dated invoices and artwork show use of the mark.
Review after objections or publication
Adjust the plan if the registry raises issues.
Your product label must also carry the details required by the Cosmetics Rules, 2020. See packaging and label design for the legal contents and how to start a skincare brand in India for the whole sequence.
Trademark Classes for Cosmetics in India: common questions
Which trademark class is for cosmetics in India?
Class 3 covers cosmetics, skincare, soaps, perfumery and hair care. It is the main class for beauty brands.
Do I need class 5 for an Ayurvedic brand?
Class 5 covers medicated or pharmaceutical goods. Whether you need it depends on how your products are classified. Ask a trademark attorney and see our guide on Ayurvedic brands.
How long does trademark registration take in India?
It varies. A source we reviewed reports about four to six months just for the examination report, and the whole process can take longer if there are objections or opposition.
Can I use the R symbol while my application is pending?
No. Use TM until the mark is registered.
Is the trademark fee per class?
Yes, fees are charged per class. Check the current schedule on the IP India website.
Name protected? Next is the product
Tell us your brand, your first products and your quantity. We will reply with the right model and minimums. Private label starts at 1,000 units.