Chapter II - The Register and Conditions for Registration
Section 7
Section 7: Classification of goods and services
Goods and services are classified for trade mark registration, as far as possible using the international classification.
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Need advice on Section 7?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks.
(2) Any question arising as to the class within which any goods or services falls shall be determined by the Registrar whose decision shall be final.
Rule and business relevance
The Registrar determines questions about the class into which goods or services fall. Classification supports an accurate application specification.
Limits and related provisions
A class number alone does not prove registrability or resolve all infringement questions. The actual goods or services and other provisions remain important.
Hypothetical business example
Hypothetical example: A business offering both a product and an associated service checks their classifications and describes each accurately in the filing.
Practical decision flow
List the actual goods and services.
Consult the applicable official classification.
Resolve uncertain classification through the relevant Registry process.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- List the actual goods and services.
- Consult the applicable official classification.
- Resolve uncertain classification through the relevant Registry process.
Avoid
- A class number alone does not prove registrability or resolve all infringement questions. The actual goods or services and other provisions remain important.
Glossary
- Classification
- Grouping goods and services for registration purposes.
- Specification
- The description of goods or services for which protection is sought.
Frequently asked questions
Does the Act refer to international classification?
Yes, as far as may be.
Who determines classification questions under this section?
The Registrar.
Does choosing a class alone secure registration?
No. Other registration conditions still apply.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026