Introduction
Trademark Class 5 is one of the most regulated and commercially critical trademark categories. It covers a broad range of products relating to healthcare, wellness, veterinary care, hygiene, and medicine—both allopathic and alternative (Ayurvedic, Homeopathic, Unani, etc.).
Businesses that manufacture, distribute, or market medicines, medicated cosmetics, sanitizers, nutritional supplements, veterinary drugs, or health-related products must file under this class to legally protect their brand name, product identity, and packaging.
In this detailed guide, we’ll explore the legal scope of Class 5, its real-world applications, goods covered and excluded, step-by-step registration, and key FAQs—especially for Indian businesses under the Trade Marks Act, 1999.
Legal Basis in India
India adopts the Nice Classification system, which includes 45 trademark classes, of which Classes 1 to 34 cover goods. Class 5 is explicitly defined for pharmaceuticals, medical preparations, and veterinary products.
The governing law is the Trade Marks Act, 1999, supported by Trade Mark Rules, which mandates:
- Filing your mark under the correct class
- Describing the exact nature of your goods
- Avoiding conflict with earlier trademarks under Section 11 (Relative grounds for refusal)
- Ensuring the mark is distinctive under Section 9 (Absolute grounds)
Registering under Class 5 gives your brand enforceability across India for medical-related goods.
Scope of Trademark Class 5
Class 5 includes pharmaceutical, veterinary, and sanitary preparations for humans or animals, as well as products used in preventive and curative care. It includes:
- Prescription and non-prescription medicines
- Medicated shampoos, lotions, ointments
- Antiseptics, disinfectants, and sanitizers
- Medicinal herbs and ayurvedic formulations
- Baby food, infant nutrition, fortified foods (medicated)
- Dietetic and nutritional supplements for medical use
- Deodorants and insect repellents (medicinal)
- Vaccines and immunological products
- Veterinary medicines and dietary supplements
This class spans multiple therapeutic systems: Allopathy, Ayurveda, Homeopathy, Siddha, Naturopathy, and others recognized under Indian law.
Examples of Goods Covered Under Class 5
- Paracetamol, Ibuprofen, and antibiotics
- Cough syrups, lozenges, balms
- Medicated oils (e.g., pain relief oils)
- Homeopathic pills, tinctures, and dilutions
- Herbal and ayurvedic capsules
- Diabetic and cardiac medicines
- Nutritional protein powders (medicinal use)
- Immunity boosters with medicinal claims
- Baby health drops and teething relief
- Veterinary tonics and dewormers
- Antiseptic creams, sprays, and wipes
- Sanitary pads (medicated), contraceptives
- Medicated foot powders and anti-fungal creams
- Medicated mosquito repellents and sprays
- Disinfectants for medical instruments
Goods Not Included in Class 5
| Product Type | Correct Class |
|---|---|
| Non-medicated cosmetics (face wash, lotion) | Class 3 |
| Medical equipment and surgical tools | Class 10 |
| Fitness foods or energy bars (non-medicated) | Class 29 or 30 |
| Medicated pet food and accessories | Class 31 |
| Medical services, hospitals, telemedicine | Class 44 |
| Packaging, bottles, jars, and blister packs | Class 16 or 20 |
Real-World Trademark Examples Under Class 5
| Brand Name | Description |
|---|---|
| Dabur | Ayurvedic medicines, chyawanprash, syrups |
| Himalaya | Herbal medicated creams, syrups |
| Zandu | Balms, digestives, health tonics |
| Cipla | Generic prescription drugs |
| Sun Pharma | Prescription medicines and drugs |
| Patanjali | Ayurvedic tablets and medicated products |
| Glucon-D (Zydus) | Medicated glucose drinks |
| Revital | Multivitamin capsules |
| Liv 52 (Himalaya) | Liver protection syrup |
| Vicks | Vaporubs, cough drops, inhalers |
Why Accurate Classification Matters
Choosing the correct class impacts:
- Trademark acceptance or rejection
- Speed of registration
- Ability to enforce rights
- Risk of opposition or conflict
- International protection (Madrid Protocol)
Example: Registering a protein powder without specifying medicinal use might wrongly place it in Class 29, leading to an objection when sold as a health supplement.
Trademark Filing Process in India (Class 5)
Step-by-Step Process:
- Search existing trademarks under Class 5 on IP India Public Search.
- Prepare Form TM-A, clearly describing the product scope.
- File your application online or physically with the registry.
- Examination stage – wait for the Registrar’s response.
- Reply to objections, if any (within 1 month).
- Journal publication – open to opposition for 4 months.
- Certificate of Registration – if uncontested, it’s valid for 10 years.
Required Documents:
- PAN Card or Aadhaar of applicant
- MSME Certificate (optional for fee concession)
- Brand name/logo
- Signed TM-48 (Power of Attorney)
International Filing – Madrid Protocol
If you’re planning to export or expand abroad, the Madrid Protocol allows you to apply internationally using India’s registration as the base.
| Country | Class Equivalent |
|---|---|
| USA (USPTO) | Class 005 |
| EU (EUIPO) | Class 5 |
| UK (IPO) | Class 5 |
| WIPO/Madrid | Class 5 |
Using a consistent product class ensures easier protection across global markets.
Common Filing Mistakes in Class 5
Avoid these errors to reduce objections:
- Using promotional language like “best”, “natural”, “healing” in the product description
- Filing non-medicated nutritional items in Class 5
- Including medical devices (Class 10) under Class 5
- Overstating medicinal claims for products without regulatory approval
- Failing to distinguish between consumer goods and prescription medicines
Tip: Consult a legal expert before final filing.
FAQs – Class 5 Trademark Registration
- Q1. Is Ayurvedic medicine included in Class 5? ✅ Yes
- Q2. Are hand sanitizers covered? ✅ Yes
- Q3. What class covers medical devices? ❌ Class 10
- Q4. Are protein powders covered here? ✅ If used for medical purposes
- Q5. What about multivitamin tablets? ✅ Included
- Q6. Can I register a telemedicine brand under Class 5? ❌ No (Class 44)
- Q7. What class is glucose powder for diabetes? ✅ Class 5
- Q8. Is veterinary medicine included? ✅ Yes
- Q9. Ayurvedic but not medicinal? ⚠️ May fall under Class 30
- Q10. Can I file for balm + syrup together? ✅ Yes (if both in Class 5)
Conclusion
Trademark Class 5 plays a pivotal role in India’s medical and healthcare landscape. Whether you’re an ayurvedic startup, a pharma manufacturer, or a distributor of wellness products, registering under the correct class is non-negotiable.
At RegistrationMART, we help healthcare and wellness brands:
- Choose the correct trademark class
- Avoid objections and delays
- File responses and handle oppositions
- Expand to global markets via Madrid Protocol
Protect your medical brand before launching your product. Legal protection isn’t just compliance—it’s your brand’s insurance.
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