Trademark Class 5: Pharmaceuticals & Nutraceuticals
Class 5 covers pharmaceutical, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and supplements, baby food, plasters, dressings, disinfectants and pesticides. Any therapeutic or curative claim generally pushes your product into Class 5.
What Class 5 covers
India follows the NICE Classification (11th edition) — 45 classes in total, 34 for goods and 11 for services. Class 5 sits in the goods group. Your trademark is only protected for the goods or services listed in the class you file, which is why picking Class 5 correctly matters more than the logo itself.
- Allopathic, ayurvedic and homeopathic medicines
- Dietary supplements and nutraceuticals
- Baby food and dietetic preparations for medical use
- Sanitary napkins, bandages and dressings
- Disinfectants and sanitisers
- Pesticides, herbicides and fungicides
What Class 5 does NOT cover
| Frequently confused item | Correct class |
|---|---|
| Non-medicated cosmetics | Class 3 |
| Surgical instruments and devices | Class 10 |
| Health drinks without medical claim | Class 32 |
| Pharmacy / clinic services | Class 44 |
Examples of goods/services in Class 5
Who files in Class 5
- Pharma companies
- Nutraceutical D2C brands
- Ayurvedic manufacturers
- Hygiene product makers
- Agro-chemical brands
Class 5 government fees
| Applicant type | e-Filing fee | Physical filing | Note |
|---|---|---|---|
| Individual / Sole Proprietor | ₹4,500 per class | ₹5,000 per class | e-filing is cheaper — always file online |
| Startup (DPIIT recognised) | ₹4,500 per class | ₹5,000 per class | DPIIT certificate must be attached |
| MSME (Udyam registered) | ₹4,500 per class | ₹5,000 per class | Udyam certificate must be attached |
| Company / LLP / Partnership (non-MSME) | ₹9,000 per class | ₹10,000 per class | Register under Udyam first and save 50% |
Taxpex professional fee for a Class 5 filing starts at ₹1,999 and includes a clearance search, TM-48 drafting, filing and objection tracking until registration.
Class 5 filing timeline
| Stage | Typical time | What happens |
|---|---|---|
| Search & class confirmation | Same day | We run a Class 5 search on the IP India database |
| Filing (TM-A) | 24-48 hours | Application number issued — ™ can be used immediately |
| Examination report | 3-8 months | Registry raises objections under Section 9/11 if any |
| Objection reply / hearing | 1-4 months | We draft and file the reply, appear at hearings |
| Journal publication | 2-4 months | 4-month opposition window opens |
| Registration certificate | 8-18 months total | ® symbol can be used, valid 10 years |
Protect your brand in Class 5
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Class 5 (Pharmaceuticals & Nutraceuticals) — questions answered
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Content refreshed against the latest CBIC / CBDT / MCA notifications and portal changes.
Chartered Accountant · ICAI Member · 12+ years in Indian tax & compliance
- 15 September 2026Reviewed rates, forms and portal workflow for Trademark Class 5. Verified against latest CBIC/CBDT notifications.
- 10 January 2026Refreshed FAQ set, added new penalty examples and jurisdiction notes.
- 05 October 2025Structural rewrite for EEAT — added expert commentary, playbooks and process timeline.