Trademark Class for Ayurvedic Products in India: Class 5, 3 or 44?
Short answer: Ayurvedic medicines, churna, tablets, kadha, medicinal oils and herbal supplements are Class 5 in India. Ayurvedic skin and hair care sold without a medical claim is Class 3. Ayurvedic treatment and wellness services are Class 44. A brand that sells both medicines and cosmetics needs both Class 5 and Class 3.
The rule: medicine, cosmetic or service
The word Ayurvedic does not decide the class. What the product is sold for does:
- Sold to treat or prevent a condition, or as a supplement: Class 5.
- Sold for beauty, cleansing or care, without a medical claim: Class 3.
- A treatment or wellness service: Class 44.
- Sold as ordinary food or drink, with no health claim: the food classes, such as Class 30 for tea. See the trademark class for food products.
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Class 5: Ayurvedic medicines and supplements
Class 5 covers pharmaceutical and medical preparations. The Nice list does not name Ayurveda, but it includes medicines for human purposes, medicinal herbs, herbal extracts for medical purposes, decoctions for pharmaceutical purposes and medicinal oils, and that is where Ayurvedic medicines fall. For an Ayurvedic business that means:
- Ayurvedic medicines, churna, tablets, capsules and kadha.
- Ayurvedic and herbal supplements, and protein or nutritional powders marketed for health.
- Medicinal oils and balms, including oils sold to treat pain or a condition.
- Herbal tea sold for a medicinal purpose. The same tea sold as an everyday drink is Class 30.
- Medicated shampoos, soaps and toothpaste.
Class 3: Ayurvedic cosmetics and personal care
Herbal and Ayurvedic personal care is still Class 3 when it is sold without a medical claim: face washes, creams, ubtan-style skin care, hair oil, shampoos, soaps, toothpaste, rose water, henna cones for cosmetic use, and essential oils for cosmetic use. Agarbatti and dhoop, which many Ayurvedic brands also sell, are Class 3 as well. See the trademark class for cosmetics for the full Class 3 and Class 5 line.
Class 44 and other services
Ayurvedic clinics, wellness centres and other Ayurvedic treatment services are Class 44, which covers medical care including alternative medicine. Preparing herbal decoctions for others is listed in Class 40; medicines sold under your own brand stay in Class 5. An online store or pharmacy is a retail service in Class 35.
Quick reference: Ayurvedic products and their classes
Search any other product in the trademark class finder.
| Product or service | Class |
|---|---|
| Ayurvedic medicines, churna, tablets, kadha | 5 |
| Ayurvedic or herbal supplements | 5 |
| Medicinal oils and balms | 5 |
| Herbal tea for medicinal purposes | 5 |
| Herbal tea as an ordinary drink | 30 |
| Ayurvedic face wash, cream, soap (non-medicated) | 3 |
| Hair oil (non-medicated) | 3 |
| Agarbatti and dhoop | 3 |
| Ayurvedic clinic or wellness treatment | 44 |
| Online store or pharmacy (retail service) | 35 |
Naming traps for Ayurvedic brands
The name of a herb or a classical formulation describes the product, so it cannot be registered as a trademark on its own and draws an objection under Section 9 of the Trade Marks Act. Prefixes taken from an organ or ingredient are also risky: the dispute over "LIV" in S.B.L. v Himalaya Drug produced three Delhi High Court decisions that went different ways.
Similar names for medicines are judged strictly, because confusion can harm health. The Supreme Court laid down this stricter approach for medicines in Cadila Health Care v Cadila Pharmaceuticals, though it did not itself decide whether the two drug names in that case were similar. Its older decision in Amritdhara Pharmacy v Satya Deo Gupta found "Lakshmandhara" similar to "Amritdhara" for medicinal preparations. Choose a coined name and search Class 5 and Class 3 before filing.
A trademark protects the name only. Ayurvedic medicines also need a manufacturing licence under the Drugs and Cosmetics Act, 1940 and its rules, and registering the brand does not replace that licence.