Trademark Class 5 —
Pharmaceuticals, Medicines
& Health Supplements India
India’s #1 most-filed trademark class. Complete guide to TM Class 5: official goods list, Class 5 vs Class 3, registration fees, top pharma brands & expert FAQs — updated 2026.
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.
Simple AI Explanation — Class 5 in Plain Language
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.
✔ 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
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.
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
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.
Trademark Class 5
Trademark Class 3
⚡ 10-Second Class Decider
✅ Your product treats, prevents or cures a disease or health condition → File in Class 5
✅ Your product is for everyday grooming, hygiene or beauty with no medical claim → File in Class 3
⚠️ Your product range includes both medicated and non-medicated variants → File in BOTH Class 5 and Class 3
What is NOT Included in Trademark Class 5?
Products commonly confused with Class 5 that belong to different NICE classes in India.
| Product / Service | Correct Class | Why Excluded from Class 5 |
|---|---|---|
| Non-medicated cosmetics, shampoos & face creams | Class 3 | No pharmaceutical/therapeutic claim = everyday cosmetic = Class 3 |
| Medical devices, instruments & equipment | Class 10 | Surgical & medical instruments = Class 10; preparations & medicines = Class 5 |
| Regular food and beverages (no health claim) | Class 29/30 | Normal food & beverages without nutritional/health claims = Class 29 or 30 |
| Energy drinks and soft drinks | Class 32 | Non-alcoholic beverages without specific health claims = Class 32 |
| Hospital and medical treatment services | Class 44 | Healthcare services = Class 44; Class 5 is goods (products) only |
| Veterinary services and animal care services | Class 44 | Veterinary services = Class 44; veterinary medicines (products) = Class 5 |
| Agricultural seeds, fertilisers (not pest control) | Class 31 | Raw agricultural products and seeds = Class 31 |
| Pharmaceutical retail services & chemist shops | Class 35 | Retail & distribution services = Class 35; the medicine products = Class 5 |
| Fitness and wellness services, gym services | Class 44 | Health and wellness services = Class 44; supplements sold = 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
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.
Sun Pharmaceutical
100+ registered trademarks including Volini, Revital H, Suncros — India’s #1 pharma company
Cipla India
Seroflo, Duolin, Rondec — extensive portfolio of branded generics and OTC medicines
Dabur India
Hajmola, Chyawanprash, Dabur Honey, Pudin Hara — Ayurvedic & health brands
Patanjali Ayurved
Divya Pharmacy medicines, Patanjali supplements, herbal health tonics
Himalaya Drug Company
Liv.52, Himalaya Diabecon, Bonisan — herbal OTC medicines and supplements
Dettol (Reckitt)
Dettol antiseptic liquid, Dettol sanitizer, Betadine — India’s most trusted antiseptic brand
Abbott India
Ensure, Similac, Pedialyte, Cremaffin — nutrition, infant formula and OTC medicines
Dr Reddy’s Laboratories
Nise, Omez, Stamlo — India’s leading generic pharmaceutical company with global presence
Coordinated Trademark Classes for Pharma & Healthcare Brands
Pharmaceutical and healthcare companies typically need multiple trademark classes to protect their complete business.
Non-medicated personal care variants
10Surgical instruments and medical equipment
29Nutritional food products without health claims
30Cereals, food supplements as regular food
35Pharmacy, chemist and healthcare retail services
44Medical and healthcare services, hospitals
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.
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 searchConfirm 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 wordingPrepare 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 belowFile 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 physicalExamination — 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 readyPublication & 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 windowRegistration 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 monthsDocuments 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”
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.
50% Concession
Standard Rate
Unlimited Renewals
Class 5 Trademark Registration Timeline in India
Frequently Asked Questions — TM Class 5 India
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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