Class 3 vs Class 5 — which trademark class do you need in India?

Skincare and personal-care brands in India choose between Class 3 (non-medicated cosmetics) and Class 5 (medicated/therapeutic products). A general moisturiser is Class 3; a product that treats a skin condition is Class 5. The claim you make decides the class.

Class 3

Goods · Cosmetic

Non-medicated cosmetics and toiletry preparations

Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumes; Bleaching preparations and other substances for laundry use; Cleaning, polishing and abrasive preparations

Class 5

Goods · Medicated

Pharmaceuticals, medical and veterinary preparations

Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary purposes, food for babies; Dietary supplements for human beings and animals; Adhesive plasters, materials for dressings; Material for filling teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides

Class 3 vs Class 5 at a glance

	Class 3 · Cosmetic	Class 5 · Medicated
What it covers	Non-medicated cosmetics, skincare, haircare, perfume, soap	Medicated and therapeutic preparations, supplements
Decided by	General cosmetic / beautifying use	Therapeutic or medicinal claim
Example	A daily face moisturiser, shampoo, lipstick	An anti-fungal cream, medicated shampoo, acne treatment
Regulatory note	Cosmetic rules	Drug/therapeutic rules apply separately

Which class should you choose?

Choose Class 3 if…

Your product is a general cosmetic or toiletry with no medical claim.

Choose Class 5 if…

Your product treats a condition or makes a therapeutic/medicinal claim.

File both if: You sell a cosmetic line and a separate medicated/therapeutic line under the same brand.

Frequently asked questions

Is skincare Class 3 or Class 5 in India?

General, non-medicated skincare — moisturisers, sunscreens, face washes, cosmetics — is Class 3. Medicated skincare that treats a condition (anti-fungal creams, acne treatments, medicated shampoos) is Class 5. If your product makes a therapeutic claim, it belongs in Class 5.

What class is an Ayurvedic or herbal beauty product?

If sold for general cosmetic use (hair oils, herbal face packs) it is Class 3. If it carries a medicinal or therapeutic claim, it may need Class 5. Many Indian Ayurvedic brands register in both classes.

Does the same brand name need both classes?

If you sell both cosmetic and medicated products under one brand, filing in both Class 3 and Class 5 gives complete protection across the range.

Not sure which one fits your brand?

Describe your goods or services in plain words — AI Class Search returns the exact classes and officially accepted terms to file under.

Find my trademark class