Can Two Businesses Register the Same Trademark in Different Classes in India?

Last Updated on October 1, 2026

Yes, two businesses may be able to register the same or similar trademark in different classes in India, provided the goods or services are sufficiently distinct, and the marks are not likely to cause confusion. However, registration in different classes does not automatically guarantee approval. The Registrar considers factors such as the similarity of the marks, the goods or services involved, and the likelihood of consumer confusion. In certain circumstances, honest concurrent use may also be considered under Section 12 of the Trade Marks Act, 1999.

A trademark is an intellectual property that enables the owner to distinguish his product or services from those of other companies. It can be a brand name, logo, symbol, slogan, label, packaging shape, and anything that can be used by the company to distinguish its product from other brands. A trademark is protected legally through the process of registration of the trademark in relation to the goods or services being offered.

Trademark registration requires classifying trademarks using the Nice Classification, which has 45 classes. Classes 1–34 usually comprise goods, while Classes 35-45 are for services. Each class stands for a particular category of goods or services, hence making correct classification very crucial in the process of trademark registration.

Depending on the operation of the company, it can be necessary to register a trademark in one or many classes. Knowing the most important classes will assist the applicant in getting the right protection for his brand and avoid any problem arising from misclassification.

What is a Trademark?

A trademark refers to a unique sign, symbol, term, slogan, logo, design, or any other characteristics that a business uses to help distinguish its products or services from its competitors’. This helps in differentiating the origin of a certain product or service while creating a distinctive brand identity for the same.

In India, the Trademarks Act, 1999 provides the legislative framework under which the process of trademark registration and protection occurs. A trademark may include brand names, logos, slogans, labels, forms, and any other distinctives used in identifying the goods or services.

Trademark registration enables the owner of a trademark to have exclusive rights to use the trademark on the registered goods or services, provided that there are no laws prohibiting such an act. The owner of the trademark may also file a lawsuit where someone uses an identical or confusingly similar trademark.

What is Trademark Classification?

Classification of trademarks is defined as the act of placing goods or services into certain classes as part of the trademark registration application. In India, trademarks are classified by the Nice Classification system with 45 classes, out of which classes 1-34 are commodity classes and classes 35-45 are service classes.

The purpose of trademark classification is to determine the exact goods or services for which the company seeks protection for its brand name, logo, symbol or any other unique identifier. Apparel comes under Class 25, while marketing and business management services come under Class 35.

It is vital to select the right class since trademark protection generally relates to the goods and services mentioned in the application form. Failure to classify the trademark properly can lead to objections, delays, unnecessary expenses, or inadequate protection for the businesses.

Can Two Businesses Register The Same Trademark In Different Classes?

Indeed, two different companies in India can register their trademarks in different classes provided the registration does not contravene any of the provisions of the Trade Marks Act, 1999. However, registering in different classes does not necessarily mean that identical trademarks can coexist. The nature of goods and services, the probability of confusion among the customers, and the reputation of the existing trademark are critical considerations.

1. Registration May Be Permitted Under Different Classes for Coexistence:

• This is under the Nice Classification which classifies the goods and services in 45 classes.
• In cases where two firms belong to entirely different industries, then there may be registration of identical or similar trademarks under different classes depending on various criteria.

2. Consideration of Nature of Goods and Services:

• The Registry checks the relationship between the nature of the goods and services associated with the marks.
• Even where the trademarks are registered under different classes, the business activities of the two could overlap leading to confusion.

3. Section 11 of the Act:

Section 11(1) provides that a trademark will not be granted when it bears a similarity with an earlier trademark together with similarities in the related products or services.

4. Well-Known Trademark Protection:

• Well-known trademarks are given additional protection under Section 11(2).
• If the legislative conditions for unfair advantage or reputational damage are met, an identical or similar mark may be refused for unrelated goods or services.

5. Examples from Different Industries:

• One company may use a specific brand name for garments, whilst another may apply for the same name for unrelated software.
• Such coexistence may be feasible, depending on existing trademark rights and the probability of confusion.

6. Honest Concurrent Use:

Separately, Section 12 of the Trade Marks Act allows the Registrar, in special circumstances, to permit two similar or identical marks to be registered where each owner has genuinely and independently adopted and used their mark honestly. This is a distinct legal basis from simply operating in different classes, and it can apply even where some overlap exists, provided the adoption itself wasn’t made in bad faith.

7. Prior Registration and Trademark Search:

Prior to applying, firms should do a trademark search to find identical or similar existing marks, their owners, registration classes, and application status. Prior to applying, firms should do a trademark search to find identical or similar existing marks, their owners, registration classes, and application status. If your search turns up something close rather than identical, see our guide on what to do when a similar trademark is found before filing, and how to weigh the actual risk rather than reacting on instinct.

8. Opposition:

Even if an application is accepted and published in the Trademark Journal, an existing proprietor may oppose registration if it considers the proposed mark is incompatible with its rights. An opposition must generally be filed within four months of the application’s publication in the Trademark Journal; missing this window closes off this specific challenge route, though other remedies like a cancellation petition may still be available after registration.

9. Separate Applications and Fees:

• Businesses can file trademark applications for each of their various classes.
• The official filing fee is typically determined separately for each class.

What Happens if The Trademark is Not Classified Correctly?

Classification of trademarks plays a crucial role in the trademark registration procedure. In India, the classification of goods and services is done according to the Nice Classification scheme which comprises 45 classes. Proper selection of the right class guarantees coverage of relevant goods or services in the application for a trademark. The incorrect choice of the class can result in various legal problems.

1. Objections by the Trademark Registry: When the class selected does not correspond to the goods or services specified in the application, the registry may raise objections regarding their classification.
2. Limited Protection of Trademarks: Wrong registration in terms of class might lead to inadequate protection of the goods or services provided by the firm, leaving essential economic activities without legal safeguards.
3. Possible Rejection of the Application: Problems in regard to the correct classification of goods or services may contribute to the rejection of the application.
4. Additional Expenses and Time Consumption: Correction of classification mistakes may imply additional costs and time expenditures related to registration.
5. Need for Extra Class Applications: In case the actual goods or services belong to a different class, the applicant may be required to file an application for the addition of another class, filling up the required form and paying the required price. Such an option is provided for by Rule 23(6) of the Trade Marks Rules 2017.
6. Problem with Protecting the Rights: Protection of trademarks depends on the goods or services being registered. Mistakes made in classification or specification can result in difficulties when it comes to enforcing rights against any violation of the applicant’s business activities.
7. Influence on Further Expansion of the Brand: Organisations, which want to start using new products or services, can find out that their current trademark application does not apply to the correct class.
8. Risk of Not Protecting the Brand Fully: Applying the trademark for registration under only one class while the firm engages in many classes may leave some goods or services unprotected.
9. Limited Scope for Correction: While form TM-M can be used to request corrections, the amendment must not change the trademark essentially or substitute another description of goods or services that was not originally mentioned in the application as per Rule 37.
10. Professional Help: It is wise for the applicant to choose the proper trademark class according to his business operations and needs, rather than choosing the class on the basis of his business or industry.

Therefore, proper classification of the trademark is important in order to avoid unnecessary hassles and expenses in the process. The applicants should thoroughly examine the description of goods and services prior to filing the application.

Tips For Trademark Classification

The selection of the right trademark class becomes essential in ensuring adequate protection and avoiding unnecessary objections or complications.

1. Know about the Nice Classification: Acquaint yourself with 45 classes of trademarks, which include different goods and services.
2. Describe Your Business Operations: State what kind of items you produce, trade, distribute, or sell.
3. Consult the Classification: Refer to the official sources from IP India on trademark classification.
4. Look Through Relevant Classes: In case your business involves numerous categories, establish what additional classes may be necessary.
5. Do Not Use Too General Terms: Rather than using vague or overly generalised terms in your description, describe the goods and services offered.
6. Make a Trademark Search: Analyse other trademarks registered in relevant classes for any possible conflicts.
7. Estimate Future Business Operations: Consider future activities of your firm and determine whether there will be any extra classes that might come handy.
8. Seek Advice: Get professional assistance for correct classification and trademark application.

Conclusion

Trademark class indicates the degree of protection that a company seeks from a particular trademark based on specific products or services. There are instances where two companies will be allowed to use the same trademark or a variation thereof in different classifications due to the dissimilarities in the product or service in question and the lack of any confusion factor. Nonetheless, differences in classes do not automatically guarantee registration or prevent objection.

Frequently Asked Questions

1. Is it possible for two companies to register the same trademark in different classes?

Yes. It is possible for two companies to register the same trademark under different classes provided that their goods or services do not have any similarity and there is no increased risk of confusion due to registration. Nonetheless, the fact that they belong to separate classes cannot guarantee approval since many other factors would still be considered.

2. If a trademark is filed under a particular class, will it be protected under all classes?

No. Trademarks are usually registered for the goods or services in which the mark is used. Companies that operate in various classes may need to make additional applications in the classes where they are needed for their business.

3. Is it possible for another company to register the same trademark in a different category?

Not really. Under Section 11(2) of the Trade Marks Act of 1999, well-known trademarks are safeguarded against some competitive applications, even those dealing with unrelated goods or services, provided that certain requirements of Section 11(2) are satisfied.

4. Can the owner of an existing trademark oppose another application filed in a separate class?

Yes. If the existing owner believes the new application infringes their rights, particularly if their mark is well-known, or the goods/services genuinely overlap despite the different class, they can file an opposition once the new application is published in the Trademark Journal, generally within four months of publication. This is different from an objection, which is raised by the Trademark Registry’s own examiner before publication, not by a competing business. (See our guide on the difference between a trademark objection and a trademark opposition for the full distinction.)

5. How can companies check whether a trademark is available in a different class?

Companies need to carry out a complete trademark search through the IP India website. Prior to registration, one needs to search for identical or similar trademarks, related classes, status of the application, ownership information, and related goods or services.

Get Started With Kanakkupillai

Dealing with the management of trademarks, including the registration, classification, applications, objections, hearings, and renewals among others calls for detailed attention. For any assistance in matters concerning trademarks, opt for KANAKKUPILLAI. We will be able to assist you from the classification of the right classes to any application-related requirements so as to keep your trademark issues organised.