Trademark Class 99: Should You File a Multi-Class Application or Separate Applications?
Introduction to Class 99
When businesses plan to register a trademark, one of the first steps is identifying the correct trademark class. Each trademark class represents a specific category of goods or services, and filing in the wrong class can make your application invalid. While there are 45 standard trademark classes under the Nice Classification system, applicants often come across the mysterious Class 99. This leads to confusion: What is Class 99 in trademarks? Should you file in Class 99 or in multiple separate classes?
In this article, we’ll explain Trademark Class 99, the difference between multi-class applications and separate class applications, along with their benefits, challenges and real-life examples
What is Trademark Class 99?
Unlike the standard trademark classes (1 to 45), Class 99 is not a real class under the Nice Classification.
In India, Class 99 is used as a miscellaneous category when:
- The applicant is unsure of the correct class at the time of filing.
- The goods or services do not clearly fall under any specific class.
👉 In practice, Class 99 is rarely recommended. The Trademark Registry often re-classifies such applications into the proper class later, which can cause delays, office objections and extra paperwork.
Filing in Multiple Classes: Two Options
If your brand operates in different categories (for example, food, clothing, retail, and software), you may need protection in multiple trademark classes. You have two options:
- Multi-Class Trademark Application
- A single application covering all the classes where you want protection.
- One application number, one set of documents.
- Government fee is calculated per class (₹4,500 for individuals/startups or ₹9,000 for companies per class).
Advantages:
- Cost-effective in professional fees.
- Simple record management (one application, one renewal).
Disadvantages:
- If one class faces objection or opposition, the entire application is delayed.
- Cannot separate later if you want to assign or transfer rights in just one class.
- Separate Trademark Applications for Each Class
- File independent applications for each class.
- Government fees remain the same as a multi-class filing.
Advantages:
- Each class moves independently. If one class faces opposition, others can still get registered.
- More flexible for future business plans, mergers, or brand assignments.
Disadvantages:
- Higher legal and professional fees since you file multiple applications.
Multiple renewals and more paperwork to manage.
Multi-Class vs Separate Applications: Which is Better?
The decision depends on your business size, budget and risk level:
- Startups and small businesses → A multi-class application is cost-effective and easier to manage if the mark is distinctive and faces low risk of opposition.
- Established brands or high-risk trademarks (generic, descriptive, or widely used terms) → Separate applications are safer, because one objection will not block other classes.
Real-Life Examples
- Flipkart: Protects its brand in multiple classes such as retail (class 35), logistics (class 39), and technology (class 42). They often use separate applications to avoid delays.
- Amul: Files separate trademark applications for dairy products, packaged foods, and beverages in classes 29, 30, and 32. This gives them flexibility to manage each brand category independently.
- Startups and D2C brands: Many prefer multi-class applications (for example, filing in class 3 for cosmetics, class 35 for online retail, and class 42 for software) to save on costs.
Key Takeaways
- Class 99 is not a real trademark class – it is a miscellaneous option and not advisable for serious businesses.
- Multi-class applications are cost-effective and easier to manage but risky if objections arise.
- Separate applications give more flexibility and safety but require more paperwork and cost.
- The right approach depends on your business strategy, budget, and risk appetite.
Final Word
If you are planning to register your trademark in India, avoid Class 99 unless you are genuinely unsure about the correct class. For long-term brand protection, it is better to consult a trademark attorney or trademark consultant to identify the right classes and choose between a multi-class filing or separate applications. A well-planned filing strategy can save your business from disputes, delays, and unnecessary expenses in the future.
Frequently Asked Questions (FAQs)
Trademark Class 99 is not a real class under the Nice Classification (which has only Classes 1 to 45). In India, it is used as a miscellaneous category when the correct class is unclear at the time of filing.
No, Class 99 is only a temporary placeholder. The Trademark Registry usually reclassifies the application into the correct class before processing. Filing directly in Class 99 is not advisable for serious brand owners.
Class 99 exists to accommodate applications where:
The applicant is unsure of the correct class.
The goods or services do not clearly fit into a specific class.
It allows the Registry to accept the filing first and then decide the proper classification.
It is generally not recommended to file under Class 99. Doing so may cause:
Delays in processing.
Office objections from the Registry.
Additional costs for reclassification.
If you file in Class 99, the Registry will usually reassign your trademark to the correct class. However, this can:
Delay your application.
Increase the risk of errors or opposition.
Lead to unnecessary paperwork.
To avoid Class 99:
Identify the right class before filing.
Refer to the Trademark Classes in India list.
Consult a trademark attorney for guidance.
Instead of Class 99, you should directly file in:
The specific class that covers your goods/services.
Multiple classes through a multi-class trademark application or separate applications, depending on your brand strategy.
Yes, but your application may face delays until the Registry reclassifies it. To protect your brand quickly, it is better to refile under the correct class with the help of a trademark professional.
