Trademark Class 34: Tobacco and Smokers' Articles
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles such as lighters and ashtrays for smokers; matches.
What Class 34 covers in practice.
Class 34 covers tobacco and tobacco substitutes, cigarettes, bidis and cigars, chewing tobacco and snuff, electronic cigarettes, oral vaporizers and devices for heating tobacco, herbs for smoking, matches, and smokers' articles such as lighters for smokers, ashtrays for smokers, hookahs, tobacco pipes, cigarette paper, filters and tobacco pouches. Flavourings for tobacco and for e-cigarettes, and nicotine pouches not for medical use, are also here.
The explanatory note sends tobacco-free cigarettes for medical purposes to Class 5, batteries and chargers for e-cigarettes to Class 9, and car ashtrays to Class 12. Nicotine gum, patches and pouches sold as aids to stop smoking are Class 5. Raw tobacco leaf is Class 34, not Class 31. Indian filers include bidi makers, cigarette and chewing-tobacco brands, tobacco leaf traders, match factories and hookah-accessory makers. Classification is separate from legality: India has banned e-cigarettes since 2019, and tobacco products are separately regulated.
Not in Class 34
Goods and services often confused with this class, and the class they actually belong to.
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Nicotine gum, patches and quit-smoking pouches Class 5 ↗
Nice lists nicotine gum, patches and pouches for use as aids to stop smoking in Class 5.
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Batteries and chargers for e-cigarettes Class 9 ↗
The Class 34 note specifically excludes batteries and chargers for electronic cigarettes and places them in Class 9.
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Ashtrays for cars Class 12 ↗
The note excludes ashtrays for automobiles, which are vehicle accessories in Class 12.
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Kitchen gas lighters Class 11 ↗
Class 34 covers lighters for smokers only; gas lighters and friction lighters for igniting gas are Class 11.
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Breath mints and mouth-freshening chewing gum Class 30 ↗
These contain no tobacco and are confectionery; Nice lists mints and chewing gum for breath freshening in Class 30.
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Smoking herbs for medical purposes Class 5 ↗
Class 34 includes herbs for smoking only when not medicinal; smoking herbs for medical purposes are Class 5.
What actually falls under Class 34.
The official heading is a legal category, not a shopping list — here are specific products and services from Class 34 people actually search for.
Chewing tobacco
Tobacco-free mouth fresheners are not Class 34: breath mints are Class 30 and breath-freshening sprays are Class 3.
Cigarette paper and filters
Cigarettes / bidis
Cigars and cigarillos
Electronic cigarettes and e-liquids
Banned in India since 2019; batteries and chargers are Class 9.
Flavourings for tobacco
Herbs for smoking
Smoking herbs for medical purposes are Class 5.
Hookahs and tobacco pipes
Lighters for smokers / smokers' articles
Kitchen gas lighters are Class 11.
Matches and matchboxes
Nicotine pouches, not for medical purposes
Pouches sold as aids to stop smoking are Class 5.
Snuff and snuff boxes
Tobacco products
Which class is my product or service in?
Straight answers for the specific items people search for under Class 34.
Class 34. Class 31 covers most raw agricultural produce, but its explanatory note specifically excludes tobacco and sends it to Class 34. That applies to unmanufactured leaf sold by growers and leaf traders as well as to finished tobacco products, so a tobacco trading firm files in Class 34 rather than Class 31.
Yes, if the product contains tobacco. Nice lists chewing tobacco and snuff in Class 34. A tobacco-free mouth freshener is not a Class 34 product: Nice puts mints and chewing gum for breath freshening in Class 30 and breath-freshening sprays and strips in Class 3. Registering a mark does not override separate food-safety and tobacco-control rules on making, packing and selling these products.
Electronic cigarettes, oral vaporizers and liquid solutions for e-cigarettes fall in Class 34, and their batteries and chargers in Class 9. However, the Prohibition of Electronic Cigarettes Act, 2019 bars their production, manufacture, import, export, transport, sale, distribution, storage and advertisement in India, and its definition also covers heat-not-burn products and e-hookahs. Take specific legal advice before filing.
It depends on how they are sold. 'Nicotine pouches for use as a tobacco substitute, not for medical purposes' are Class 34. Nicotine gum, patches, pouches and other nicotine preparations sold as aids to stop smoking are Class 5. A brand offering both kinds of product needs both classes, with each item described precisely.
Matches are Class 34 whatever they are used for, because the class heading names matches on their own, separately from smokers' articles; matchboxes and match holders are here too. Lighters are split: 'lighters for smokers' are Class 34, but gas lighters and friction lighters for igniting gas, the kind used on kitchen stoves, are Class 11.
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers' articles such as lighters and ashtrays for smokers; matches.
Common examples include: Chewing tobacco, Cigarette paper and filters, Cigarettes / bidis, Cigars and cigarillos, Electronic cigarettes and e-liquids, Flavourings for tobacco, Herbs for smoking, Hookahs and tobacco pipes.
Chewing tobacco falls under Trademark Class 34 — Tobacco and Smokers' Articles. Tobacco-free mouth fresheners are not Class 34: breath mints are Class 30 and breath-freshening sprays are Class 3.
Cigarette paper and filters falls under Trademark Class 34 — Tobacco and Smokers' Articles.
Cigarettes / bidis falls under Trademark Class 34 — Tobacco and Smokers' Articles.
Cigars and cigarillos falls under Trademark Class 34 — Tobacco and Smokers' Articles.
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