Trademark Class 5 in India: Medicines, Ayurveda, Supplements and Vet Products

If you sell medicines, you file in Class 5. That covers human and veterinary preparations, dietary supplements, baby food, disinfectants, medicated soaps and shampoos, sanitary products, and also pesticides like herbicides and fungicides. India uses the Nice Classification, so the heading reads the same as anywhere else. A simple rule works for most people: if the product treats, prevents or supports a health condition, it’s probably Class 5.

Ayurvedic medicines go here too, provided they’re sold as medicine. A kadha or churna sold as ordinary food or drink usually ends up in Class 29, 30 or 32. What your pack says about the product decides it.

The government fee is Rs 4,500 per class for individuals, startups and small enterprises. Everyone else pays Rs 9,000 when filing online. Keep in mind the trademark only protects your brand name. Your drug licence or food licence is a separate thing.

What goods come under trademark Class 5?

Most questions we get are about the same dozen products, so this table should save you a call.

If your product is not mentioned in the above mentioned list, search through our product finder tool

Syringes and bandages feel medical, but they’re devices. If that’s your line, the Class 10 guide for medical devices and surgical tools is the one to read.

Which trademark class for ayurvedic products and supplements?

This is where most health brands slip, so it’s worth a closer look.

Read your own pack. If it says “helps manage blood sugar”, that’s a medicinal claim and the class is 5. If it says “tasty tulsi tea”, that’s food, so Class 30. Under the Nice notes, a supplement meant to top up the diet or give some health benefit sits in Class 5. Honey, ghee and snacks sold as plain food don’t.

Take a brand that launches an ashwagandha capsule with a stress-relief claim and also an ashwagandha chai. Same name, two classes, two fees. Most founders file both together, and a multi-class trademark application lets you do that in one go.

Supplements sold as food come under FSSAI. Ayurvedic medicines fall under the Drugs and Cosmetics Act. Get your Online FSSAI registration or drug licence sorted before launch, because the trademark won’t cover that for you.

Names you cannot register in Class 5

Section 13 of the Trade Marks Act, 1999 doesn’t allow the common name of a single chemical element or compound. It also blocks any name the WHO has declared an International Non-proprietary Name, and anything deceptively similar to those. So “Paracetamol” or “Amoxicillin” can never be your brand. You have to coin something.

Medicine names also get a harder look on similarity. Indian courts see a mix-up between two medicines as a patient safety issue, which is more than a fight between two companies. If two names sound alike over a chemist’s phone call, that alone can draw an objection. Do a thorough research on how to do a trademark availability check before you print any labels, and say the name out loud the way a counter would hear it.

How to register a Class 5 trademark in India

1. Search the Registry for identical marks, and for ones that only sound similar.

2. Pick your class and write the goods description with some care. If a product is borderline, our trademark class search tool will place it. Write it too broad and you invite objections. Too narrow, and your next product is left out.

3. File Form TM-A online and pay the fee.

4. Watch for the examination report. You get one month to answer an objection, and if you miss that, the application can be treated as abandoned. A well-built trademark objection reply often decides whether you move ahead.

5. The mark gets published in the Trade Marks Journal. Anyone can oppose it within four months.

6. Registration follows. It lasts 10 years and can be renewed.

Timelines differ a lot between sources, from 6 months to 2 years. Plan for 12 to 24 months if the file is clean, and more if someone opposes. You can use the TM symbol from the day you file.

What does Class 5 trademark registration cost?

The fee is charged per class and per mark, so a brand in Class 5 and Class 30 pays twice. Professional charges come on top, and our trademark registration fees and costs guide has the full picture.

Mistakes pharma and wellness brands make

• Using the salt or generic name as the brand, and then running into Section 13.

• Putting a medicated cream in the wrong class. Plain creams go to Class 3 for cosmetics and cleaning goods, and medicated ones to Class 5.

• Missing out on the shop name. A chemist or online pharmacy brand is a retail service, hence it sits in Class 35.

• Treating the trademark like a permission slip. To make or sell medicines you still need a drug licence.

• Filing only the logo, when copycats usually copy the word.

Before you file

Supan Maniar, a client, wrote: “LegalWiz.in took the stress out of trademark filing!”

Not sure if your product is Class 5, Class 30 or both? Send us the pack and the claim before you file. It costs far less to fix now than after an objection. You can start your Class 5 trademark registration with us here.

10,000+ Brands Trust LegalWiz.in for Trademark Protection

At LegalWiz.in, we’ve helped thousands of businesses—ranging from startups to established companies—register and safeguard their intellectual property. From pharmaceuticals and healthcare products to wellness and veterinary brands, our experts ensure your trademarks are protected effectively.

Whether you’re launching a new medicine or expanding your health product line, we make trademark registration seamless and reliable.