Class 35 vs Class 42 — which trademark class do you need in India?

Service businesses often confuse Class 35 and Class 42. Class 35 covers business, retail, advertising and management services. Class 42 covers technology, software development, IT and scientific/design services. A consultancy is usually Class 35; a software-development firm is usually Class 42.

Class 35

Services · Business services

Advertising; business management and administration services

Advertising; Business management, organization and administration; Office functions

Class 42

Services · Tech & IT services

Scientific and technological services; research and design

Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software

Class 35 vs Class 42 at a glance

	Class 35 · Business services	Class 42 · Tech & IT services
What it protects	Advertising, retail, business management & admin	Software development, IT, scientific & design services
Typical filer	Agencies, consultancies, marketplaces, retailers	SaaS firms, dev shops, design studios, labs
Example	A digital marketing agency	A company that builds software for clients
Marketplace / platform	The retail/aggregator business side	The technology platform itself

Which class should you choose?

Choose Class 35 if…

You provide advertising, retail, marketing, HR or business-management services.

Choose Class 42 if…

You provide software development, IT, hosting, engineering or design services.

File both if: You run a tech-enabled marketplace or platform that both sells/advertises (Class 35) and is itself a software service (Class 42).

Frequently asked questions

What is the difference between Class 35 and Class 42 in India?

Class 35 covers business services — advertising, marketing, retail, business management and office functions. Class 42 covers technology services — software development, IT, hosting, scientific research and design. A marketing agency files Class 35; a software firm files Class 42.

Which class does an online marketplace need?

Often both. The retail/aggregator business — bringing buyers and sellers together — is Class 35. The underlying technology platform and its development is Class 42. Tech-enabled marketplaces commonly file both.

Is IT consulting Class 35 or 42?

IT and technology consulting is Class 42. General business or management consulting is Class 35. If a firm does both, it may need both classes.

Related class guides

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