In India, trademark registration is categorised into 45 different classes under the Nice Classification (NCL), which is a globally recognised system for classifying goods and services. Among these classes, Trademark Class 44 specifically protects trademarks related to medical, hygienic, cosmetic, and agricultural services.
This blog presents a detailed explanation of Trademark Class 44 in India. It outlines what the class covers, what it excludes, who should register under it, related classes, examples of registered trademarks, and the procedure to register a trademark under Class 44.
What is Trademark Class 44?
Trademark Class 44 refers to a category under the Nice Classification that covers services related to medical care, hygienic and beauty treatments, veterinary services, agriculture, horticulture, and forestry.
Services Covered under Trademark Class 44
Class 44 includes a variety of health and personal care services, such as:
1. Medical and Clinical Services
- General medical examinations and patient care
- Medical clinics, dispensaries, and multispecialty centres
- Diagnostic services, pathological laboratories, and blood tests
- Blood bank services, stem cell banks, and organ donation centres
- Emergency medical care, ambulance transport, and trauma services
- Fertility and reproductive health services, including IVF, IUI, and surrogacy support
- Physiotherapy, occupational therapy, and rehabilitation services
2. Dental and Oral Health Services
- Dental surgeries, tooth extractions, and root canals
- Dental hygiene clinics and oral prophylaxis services
- Cosmetic dentistry and teeth whitening services
- Orthodontic care and installation of braces or aligners
3. Veterinary Services
- Animal hospitals and veterinary diagnostic centres
- Emergency animal care and surgical treatment
- Veterinary physiotherapy and grooming services
- Animal vaccination and immunisation clinics
- Mobile veterinary units and telemedicine services for pets
4. Wellness and Alternative Therapy
- Health spa services, massage therapy, and hydrotherapy
- Ayurvedic, homeopathic, and naturopathy treatment centres
- Reiki, acupuncture, acupressure, and reflexology clinics
- Wellness retreats, yoga centres, and meditation therapy
- Psychological services, therapy sessions, and counselling
- Weight management clinics and lifestyle modification services
- Dietitians and certified nutritionists offering diet plans
5. Cosmetic and Beauty Services
- Dermatology clinics and cosmetic skin care procedures
- Laser treatment for skin disorders and hair removal
- Non-invasive cosmetic procedures (e.g., Botox, fillers)
- Cosmetic surgery clinics for aesthetic enhancements
- Hair transplant clinics and trichology services
- Medical spa services offering skin rejuvenation and anti-aging
- Salons offering medically supervised beauty treatments
6. Agricultural and Environmental Services
- Organic farming advisory and precision agriculture
- Horticultural services and garden landscaping
- Forest conservation and afforestation consultancy
- Crop and soil health monitoring services
- Plant nursery support, seeding services, and pest control
- Aquaculture services for fish farming and water treatment
Examples of Trademarks in Class 44
- Apollo Hospitals
- Dr. Batra’s
- VLCC
- Clove Dental
- Bodycraft
- Jiva Ayurveda
What Class 44 does not cover
It is important to distinguish services not covered under Class 44 to avoid misclassification.
- Pharmaceutical and medical products→ Class 5
- Surgical, diagnostic, and therapeutic apparatus or instruments→ Class 10
- Educational or training services related to healthcare→ Class 41
- Fitness training and personal coaching→ Class 41
- Rental of medical instruments or devices→ Class 10
- Medical and scientific research services→ Class 42
- Retail, wholesale, distribution, or marketing services→ Class 35
Who Should Register under Class 44?
Any person or business that offers services in the healthcare or personal care space should consider trademark registration under Class 44:
- Hospitals, clinics, and diagnostic centres
- Dental surgeons and dental chains
- Psychologists and mental health professionals
- Dermatologists and cosmetologists
- Physiotherapists and wellness practitioners
- Ayurvedic, homeopathic, and naturopathy providers
- Beauty salons and spas
- Agricultural consultants and horticulturists
- Veterinary professionals and pet care centres
Why is Class 44 Trademark Registration Important?
Trademark registration under class 44 is important as it:
- Grants you the exclusive rights to use the brand name for health, beauty, or agricultural services.
- Helps to build brand recognition and trust among patients and consumers.
- Grants legal protection against infringement and misuse.
- Supports licensing and franchising opportunities for expanding businesses.
- Increases business valuation and opens doors for funding.
- Adds credibility to new startups or wellness chains.
Overlapping Classes
The following classes may overlap with Class 44:
- Class 3: It includes cosmetic products, creams, and skincare preparations
- Class 5: It includes pharmaceutical, medicinal, and veterinary products
- Class 10: It includes surgical, medical, and dental instruments
- Class 35: It includes advertising, distribution, or retail of medical or wellness goods
- Class 41: It includes education, workshops, and health awareness programmes
How to Register a Trademark under Class 44 in India
Step 1: Trademark Search
Conduct a thorough search on IP India’s portal to check whether your desired mark is registered within 44.
Step 2: Prepare Form TM-A
Draft the application using Form TM-A. Use correct terminology based on the official classification.
Step 3: Submit the Application
You can file the application either online via the IP India website or manually at the Trademark Registry office.
Step 4: Examination and Reply
After you file your trademark application, the Registrar of Trademarks will examine whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file opposition, if any.
Step 6: Opposition and Issuance of Registration Certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration may be renewed from time to time for successive periods of ten years each.
Conclusion
Trademark Class 44 offers essential protection to businesses and professionals in the health, wellness, cosmetic, and veterinary sectors. Though the Trademarks Act, 1999 does not mandate registration, registering your mark under the appropriate class helps in fostering consumer trust, protection against unlawful use, and ultimately helps in the growth of your business. Whether you run a hospital, a salon, a dental clinic, or an agricultural consultancy, registering your service mark under Class 44 ensures that your identity is safe from misuse and legal disputes.
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