TM Class 5 – Pharmaceutical & Medical Trademark India | TM Search Skip to main content
✅ Last Updated: March 2026 — NICE 13th Edition
⚕ Overview

What is Trademark Class 5 in India?

TM Class 5 (Trademark Class 5) is India’s single most filed trademark class, covering pharmaceuticals, medicines & veterinary preparations, sanitary preparations for medical purposes, dietary food & health supplements, baby food, disinfectants, plasters & wound care, dental preparations, preparations for destroying vermin, fungicides and herbicides — under the NICE Classification 13th Edition.

With over 80,000 applications per year, Class 5 sees more trademark filings than any other class in India. This is driven by India’s massive pharmaceutical industry — worth over ₹4 lakh Crore — plus the booming Ayurvedic, nutraceutical and wellness sectors. Every pharma product, dietary supplement, Ayurvedic medicine or medicated preparation needs a Class 5 trademark for brand protection.

Leading Indian pharma companies like Sun Pharma, Cipla, Dr Reddy’s, Lupin, Dabur, Patanjali, Himalaya, Emami, Abbott India and Dettol (Reckitt) all maintain extensive Class 5 trademark portfolios with IP India.

NICE 13th Edition (Jan 2026): Class 5 now explicitly includes: mRNA-based health preparations, microbiome dietary supplements, medical cannabinoid preparations, AI-personalised nutrition supplements, and probiotics with specific health claims. The key test remains — if the product treats, prevents or cures a health condition = Class 5.
💊
Class 5
NICE Classification
🏆
#1
Most Filed Class India
📅
10 Years
Trademark Validity
💊
80K+
Annual Filings
🇮🇳
Pan-India
Valid All States
3–6 Mo
Examination Time
🤖

Simple AI Explanation — Class 5 in Plain Language

💊 The Simple Rule

If your product is designed to treat, prevent, or cure a health condition — it belongs in Class 5. If it’s for everyday personal care with no medical claim — it belongs in Class 3.

💭 Real Examples

✔ Regular shampoo = Class 3
✔ Ketoconazole anti-dandruff shampoo = Class 5
✔ Regular face cream = Class 3
✔ Medicated eczema cream = Class 5
✔ Whey protein for fitness = Class 5
✔ Regular energy drink = Class 32

⚠️ Why It Matters

Filing in the wrong class = zero protection for your actual products. Class 5 has 80,000+ filings/year — if you don’t register, a competitor can. Objections for “deceptive similarity” are most common here due to the sheer volume of similar drug brand names.


📋 Full Goods List

Complete List of Goods Under Trademark Class 5

Official NICE 13th Edition goods covered under TM Class 5 in India, organised by category for easy identification.

💊

Pharmaceutical Preparations

  • Prescription medicines and drugs (tablets, capsules, syrups)
  • Over-the-counter (OTC) medicines
  • Antibiotics, antifungals, antivirals
  • Ayurvedic, Unani & Homeopathic medicines
  • Herbal medicines and plant-based remedies
  • Analgesics, antipyretics and anti-inflammatory drugs
🍃

Health Supplements & Nutraceuticals

  • Vitamin supplements (A, B, C, D, E, K)
  • Mineral supplements (calcium, iron, zinc)
  • Protein powders and amino acid supplements
  • Omega-3 and fatty acid supplements
  • Probiotics and prebiotic preparations
  • Herbal tonics and health tonics
👶

Baby Food & Infant Nutrition

  • Infant formula and follow-on formula
  • Baby cereals and weaning foods
  • Nutritional preparations for infants
  • Baby health and dietary supplements
  • Special medical purpose formulas for babies

Medicated Cosmetics & Personal Care

  • Medicated shampoos (e.g. anti-dandruff with active API)
  • Antiseptic soaps and medicated hand wash
  • Medicated skin creams and ointments
  • Medicated toothpaste (e.g. for gum disease)
  • Sunscreens with SPF medical claims
  • Medicated lip balms and wound-healing creams
🩹

Wound Care & First Aid

  • Adhesive plasters and bandages
  • Medical dressings and wound dressings
  • Antiseptic solutions and iodine preparations
  • Burn treatment gels and ointments
  • Surgical sutures and wound closure strips
  • Eye drops and ear drops (medicated)
💉

Disinfectants & Sanitizers

  • Hand sanitizers and antibacterial gels
  • Surface disinfectants and antiseptic sprays
  • Medical-grade disinfecting solutions
  • Fumigation preparations and insect repellents
  • Air freshener with disinfecting claims
  • Sterilisation preparations
🐱

Veterinary Preparations

  • Veterinary medicines and drugs for animals
  • Animal health supplements and vitamins
  • Cattle, poultry and aquaculture medicines
  • Pet health preparations and dewormers
  • Veterinary vaccines and immunological preparations
  • Animal feed supplements with health claims
🌿

Pest Control & Agri-Pharma

  • Herbicides and weedkillers for agricultural use
  • Fungicides for plant disease treatment
  • Insecticides, pesticides and rodenticides
  • Preparations for destroying vermin
  • Biocides and antimicrobial preparations
  • Dental fillings, dental wax and dental preparations
The #1 Rule for Class 5: If your product makes a health, therapeutic or pharmaceutical claim — it is Class 5. If it is for regular everyday use with no medical claim — it is likely Class 3. When in doubt, consult a trademark attorney. Wrong class = wasted filing fees + zero brand protection.

⚖ Class 5 vs Class 3

Trademark Class 5 vs Class 3 — The Definitive Guide

The most Googled comparison in Indian trademark law. Here is the complete, easy-to-understand breakdown.

△ Class 5 — Medicated / Health Claims
△ Class 3 — Non-Medicated / Cosmetic

Trademark Class 5

Medicated & Pharmaceutical Products
Medicated shampoo with active pharmaceutical ingredient
Prescription and OTC medicines and drugs
Eczema cream, psoriasis cream with medical claims
Anti-cavity medicated toothpaste (with fluoride claim)
Antiseptic soap claiming to kill 99.9% bacteria
Dietary supplements, vitamins, protein powder
Ayurvedic medicine with health treatment claims
Baby formula and infant nutritional preparations
VS

Trademark Class 3

Non-Medicated Cosmetics & Personal Care
Regular shampoo and conditioner for hair washing
Everyday moisturiser and face cream (no medical claim)
Lipstick, foundation, mascara and makeup
Regular toothpaste for daily oral hygiene
Regular soap and body wash for general hygiene
Perfume, deodorant and body spray
Herbal hair oil for grooming (no treatment claim)
Laundry detergent and household cleaners

⚡ 10-Second Class Decider

Your product treats, prevents or cures a disease or health conditionFile in Class 5

Your product is for everyday grooming, hygiene or beauty with no medical claimFile in Class 3

⚠️ Your product range includes both medicated and non-medicated variantsFile in BOTH Class 5 and Class 3


🚫 Not Included

What is NOT Included in Trademark Class 5?

Products commonly confused with Class 5 that belong to different NICE classes in India.

Product / ServiceCorrect ClassWhy Excluded from Class 5
Non-medicated cosmetics, shampoos & face creamsClass 3No pharmaceutical/therapeutic claim = everyday cosmetic = Class 3
Medical devices, instruments & equipmentClass 10Surgical & medical instruments = Class 10; preparations & medicines = Class 5
Regular food and beverages (no health claim)Class 29/30Normal food & beverages without nutritional/health claims = Class 29 or 30
Energy drinks and soft drinksClass 32Non-alcoholic beverages without specific health claims = Class 32
Hospital and medical treatment servicesClass 44Healthcare services = Class 44; Class 5 is goods (products) only
Veterinary services and animal care servicesClass 44Veterinary services = Class 44; veterinary medicines (products) = Class 5
Agricultural seeds, fertilisers (not pest control)Class 31Raw agricultural products and seeds = Class 31
Pharmaceutical retail services & chemist shopsClass 35Retail & distribution services = Class 35; the medicine products = Class 5
Fitness and wellness services, gym servicesClass 44Health and wellness services = Class 44; supplements sold = Class 5

⚕ Who Needs Class 5?

Who Should Register Under Trademark Class 5 in India?

Any company or individual making, selling, importing or exporting the following types of goods needs a Class 5 trademark registration.

💊

Pharmaceutical Companies

Prescription drugs, OTC medicines, generics, API manufacturers — every brand name drug needs Class 5

🍃

Nutraceutical & Supplement Brands

Protein powders, vitamins, minerals, omega-3, probiotics and health tonics

🌿

Ayurvedic & Herbal Brands

Dabur, Patanjali, Himalaya-style herbal medicines, Chyawanprash, herbal tonics

👶

Baby & Infant Nutrition Brands

Infant formula, baby cereals, toddler nutrition supplements, pediatric health products

💉

Sanitizer & Disinfectant Brands

Hand sanitizers, surface disinfectants, antiseptic solutions, medical-grade cleaning

Medicated Personal Care Brands

Medicated shampoos, antiseptic soaps, therapeutic skin creams, medicated toothpaste

🐱

Veterinary & Animal Health Brands

Veterinary medicines, animal supplements, cattle health products, pet care medicines

🌿

Agro-Chemical & Pest Control Brands

Herbicides, fungicides, insecticides, pesticides, rodenticides and biocides


🏆 Indian Brand Examples

Famous Indian Brands Registered Under TM Class 5

These leading companies operating in India’s pharmaceutical and healthcare sector have protected their brands under Class 5 with IP India.

SP

Sun Pharmaceutical

TM Class 5 — India’s Largest Pharma

100+ registered trademarks including Volini, Revital H, Suncros — India’s #1 pharma company

CI

Cipla India

TM Class 5 + Class 10

Seroflo, Duolin, Rondec — extensive portfolio of branded generics and OTC medicines

DB

Dabur India

TM Class 5 + Class 3

Hajmola, Chyawanprash, Dabur Honey, Pudin Hara — Ayurvedic & health brands

PT

Patanjali Ayurved

TM Class 5 + Class 3 + Class 30

Divya Pharmacy medicines, Patanjali supplements, herbal health tonics

HI

Himalaya Drug Company

TM Class 5 + Class 3

Liv.52, Himalaya Diabecon, Bonisan — herbal OTC medicines and supplements

DT

Dettol (Reckitt)

TM Class 5 + Class 3

Dettol antiseptic liquid, Dettol sanitizer, Betadine — India’s most trusted antiseptic brand

AB

Abbott India

TM Class 5 + Class 10

Ensure, Similac, Pedialyte, Cremaffin — nutrition, infant formula and OTC medicines

DR

Dr Reddy’s Laboratories

TM Class 5

Nise, Omez, Stamlo — India’s leading generic pharmaceutical company with global presence


🔗 Coordinated Classes

Coordinated Trademark Classes for Pharma & Healthcare Brands

Pharmaceutical and healthcare companies typically need multiple trademark classes to protect their complete business.

⚠️
Pro Tip: Most pharma companies like Dabur and Himalaya register in both Class 5 and Class 3 because their product range spans both medicated and non-medicated products. Filing in only one class leaves a gap that competitors can exploit.

📝 Registration Guide

How to Register a Trademark Under Class 5 in India

Step-by-step guide to registering your pharmaceutical, supplement or healthcare brand under TM Class 5 with IP India in 2026.

1

Search Before You File — Critical for Pharma

Class 5 has 80,000+ applications per year. The risk of an examiner raising a “deceptive similarity” objection is highest in this class. Search tmrsearch.ipindia.gov.in for exact name, phonetic variations and visual similarities. Drug brand names that sound like existing brands (e.g. “Amoxil” vs “Amox”) are regularly refused.

⏰ Invest 1–2 days in a thorough search
2

Confirm Your Class 5 Goods Description

Be specific about your goods using NICE 13th Edition terminology. Example: “pharmaceutical preparations for treating respiratory conditions; dietary supplements; antiseptic preparations.” If you also sell non-medicated products, prepare a separate Class 3 application. Wrong class = invalid trademark.

📋 Use exact NICE 13th Ed wording
3

Prepare Your Documents

Gather: applicant identity proof, business address proof, brand logo (JPG 300×300 px minimum), Form TM-48 Power of Attorney if using a trademark agent, Udyam/DPIIT certificate for 50% fee concession, and prior use evidence like sales records or promotional materials (important for pharma brands).

📄 Documents checklist in section below
4

File Form TM-A Online

File at ipindia.gov.in. Pay ₹4,500 (individuals/MSMEs) or ₹9,000 (companies) per class. Get your TM application number instantly — start using the ™ symbol today. For pharma brands: strongly consider filing Priority Examination (Form TM-63) to get ahead of the massive queue.

⚡ E-filing: ₹500 cheaper than physical
5

Examination — Highest Scrutiny in Class 5

The Examiner reviews within 3–6 months. Class 5 faces the highest rate of similarity objections in India due to the volume of pharmaceutical brand filings. Common objections: “deceptively similar to existing drug brand”, “generic/descriptive” (e.g. brands that just describe the drug). Respond within 30 days of Examination Report.

⚠ Keep prior use & distinctiveness evidence ready
6

Publication & 4-Month Opposition Window

After passing examination, your mark is published in the Trade Marks Journal. Third parties including large pharma companies with dedicated IP teams have 4 months to oppose. Keep your use evidence, marketing spend records and sales data ready to defend against any opposition proceedings.

📰 4-month opposition window
7

Registration Certificate — Use ® Symbol

Your Trademark Registration Certificate is issued, valid for 10 years across all of India. Use ® legally. Download from IP India portal. Renew with Form TM-R 6 months before expiry. For pharma brands: trademark registration is also required by CDSCO and many retailers as proof of brand authenticity.

🏆 Total: approx. 12–18 months

📄 Documents Required

Documents Required for Class 5 Trademark Registration

👤

Identity Proof

PAN Card + Aadhaar for individuals; Certificate of Incorporation + PAN for companies; Partnership deed for firms

🌌

Address Proof

Utility bill, rent agreement or GST registration certificate. Factory address if manufacturing pharma products.

🖼️

Brand Logo / Name

JPG, min 300×300px. B&W gives broader colour protection. For pharma: also check drug brand name guidelines under the Drugs & Cosmetics Act.

📋

Power of Attorney (TM-48)

Mandatory if filing through a trademark agent, lawyer or IP firm. Pharma companies typically use agents.

🏭

MSME / Startup Certificate

Udyam Registration or DPIIT certificate — saves 50% fee. Ayurvedic startups and small nutraceutical brands should always apply for Udyam first.

📝

Goods Description (Class 5)

Precise NICE 13th Ed description: e.g. “pharmaceutical preparations; dietary supplements for humans; antiseptic preparations”


💰 Fees 2026

Trademark Class 5 Registration Fees India 2026

Official IP India government fee schedule — current as of January 2026. Same fee applies to all 45 classes.

✅ Individual / Startup / MSME

50% Concession

₹4,500 per class
For individuals, DPIIT startups and Udyam MSMEs filing online. Most Ayurvedic and nutraceutical brands qualify.
E-Filing₹4,500
Physical Filing₹5,000
Priority Exam (TM-63)₹2,700
🏭 Company / LLP / Partnership

Standard Rate

₹9,000 per class
For companies, LLPs and partnerships. Large pharma companies file dozens of Class 5 applications per year.
E-Filing₹9,000
Physical Filing₹10,000
Priority Exam (TM-63)₹5,400
🔄 Renewal (Every 10 Years)

Unlimited Renewals

₹4,500 / ₹9,000
File TM-R within 6 months before expiry. Late renewal = +50% surcharge. Class 5 marks are worth renewing perpetually.
Individual / MSME₹4,500
Company / LLP₹9,000
Late Surcharge+50%

⏰ Timeline

Class 5 Trademark Registration Timeline in India

Day 1Filing & TM™
3–6 MoExamination
4 MoJournal + Opposition
1–3 MoCertificate ®
⏰ Total: 12 to 18 months from filing to certificate — Use ™ from Day 1, ® only after certificate
💡 Priority Tip for Pharma Brands: With 80,000+ Class 5 filings per year, your application enters a massive queue. Apply for Priority Examination via Form TM-63 (extra ₹2,700–₹5,400) to get examined in 1–2 months instead of 3–6. For launch brands this is critical — you can’t market a drug name that hasn’t been cleared.

❓ FAQs

Frequently Asked Questions — TM Class 5 India

TM Class 5 is India’s most filed trademark class, covering pharmaceuticals, medicines, veterinary preparations, sanitary preparations for medical purposes, dietary food and health supplements, baby food, dietary supplements, plasters, dental preparations, disinfectants, preparations for destroying vermin, fungicides and herbicides. It follows the NICE Classification 13th Edition used by IP India with 80,000+ annual filings.
The government fee is ₹4,500 per class for individuals, startups and MSMEs via e-filing, and ₹9,000 per class for companies and LLPs. Physical filing costs ₹500 more. Priority examination (Form TM-63) costs ₹2,700 extra for MSMEs and ₹5,400 for companies. Given the high volume of Class 5 filings, priority examination is strongly recommended for pharma and supplement brands.
Class 5 covers medicated products making pharmaceutical or therapeutic claims — treating, curing or preventing diseases. Class 3 covers non-medicated cosmetics for everyday personal care without medical claims. Medicated anti-dandruff shampoo with ketoconazole = Class 5. Regular shampoo = Class 3. Eczema cream with pharmaceutical claims = Class 5. Regular moisturiser = Class 3. Brands like Himalaya and Dabur register in both.
Yes. All Ayurvedic, Unani, Siddha and Homeopathic medicines are Class 5 in India. Brands like Dabur (Chyawanprash, Hajmola), Patanjali Divya Pharmacy, Himalaya (Liv.52), Baidyanath and Zandu are all registered under Class 5. Even natural and plant-based products qualify as Class 5 when they make health treatment or therapeutic claims.
Yes. Dietary supplements, nutritional supplements, protein powders, vitamin tablets, mineral supplements, probiotics, omega-3 capsules and health tonics are all Class 5. Nutraceutical brands should register under Class 5. If you also sell regular food products, you may additionally need Class 29 or 30 for those products, but the supplement itself is always Class 5.
Yes. Baby food, infant formula, infant cereals, nutritional preparations for infants and food adapted for medical use in babies are Class 5. Brands like Nestle (Cerelac, NAN), Abbott (Similac, PediaSure), Mead Johnson (Enfamil) and Danone (Aptamil) are registered under Class 5 in India for their infant and toddler nutrition products.
Not included in Class 5: non-medicated cosmetics and personal care (Class 3), medical devices and instruments (Class 10), regular food and beverages without health claims (Class 29, 30, 32), hospital and healthcare services (Class 44), veterinary services (Class 44), pharmaceutical retail services (Class 35), fitness and wellness services (Class 44), and agricultural seeds and fertilisers without pest control claims (Class 31).
Yes. Hand sanitizers, surface disinfectants, antiseptic solutions, surgical spirit, antiseptic sprays and medical-grade sterilisation preparations are all Class 5. Post-COVID-19, this became one of the most actively filed sub-categories in Class 5 in India. Brands like Dettol, Savlon and Himalaya Purifying Hand Rub are all registered under Class 5.
Yes. Each brand name needs a separate trademark application. A pharma company with 50 product brands must file 50 separate Class 5 applications at ₹4,500–₹9,000 each. There is no limit. Sun Pharma, Cipla and Abbott have hundreds of Class 5 trademarks registered with IP India. Each drug brand name should be individually protected as early as possible before competitors file similar names.
Total: 12 to 18 months — examination (3–6 months), Journal publication with 4-month opposition window, then certificate. Class 5 faces the highest rate of similarity objections in India. Use ™ from Day 1 of filing. Use ® only after certificate. Priority Examination via Form TM-63 can cut examination time to 1–2 months and is highly recommended for pharma brands.
A pharma company typically needs: Class 5 for all medicines, supplements and medical preparations, Class 3 for non-medicated cosmetic variants, Class 10 for medical devices and equipment, Class 35 for pharmaceutical distribution and retail services, and Class 44 for healthcare and medical services. Ayurvedic and FMCG health companies often also need Class 29 and Class 30.
Yes. DPIIT-recognised startups and Udyam-registered MSMEs pay ₹4,500 per Class 5 application instead of ₹9,000. Individual applicants also get the same rate. Ayurvedic startups, nutraceutical brands and small pharma companies should always apply for Udyam Registration first to claim this 50% saving. Given that pharma brands often need multiple filings, this concession adds up significantly.

Protect Your Healthcare Brand Before a Competitor Does

Class 5 has 80,000+ filings per year — India’s most competitive trademark class. Register your pharma, Ayurvedic or supplement brand today starting at ₹4,500.

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