Trademark Class 5: Pharmaceuticals, Supplements and Disinfectants

Trademark Class 5 overview: medicines and health products

Trademark Class 5 covers products made to treat, prevent or diagnose illness in people or animals, and products that protect health by killing germs or pests. Tablets, syrups, injections, ayurvedic and homeopathic medicines, vitamins, protein supplements, baby food, sanitary pads, diapers, bandages, disinfectants, insecticides and weedicides all fall here.

The deciding question is purpose. When a product claims a health or medical effect, or it destroys germs, insects or weeds, Class 5 is usually right. When it only cleans, beautifies or nourishes like ordinary food, it belongs elsewhere.

Understanding the official heading of Class 5

India uses the Nice Classification for trademarks under Section 8 of the Trade Marks Act, 1999. The current Class 5 heading, broken into parts:

Class 5 at a glance

Goods classified under Class 5: full list by type

Class 5 is one of the longest lists in the Nice Classification. Below are the product groups that Indian pharma, wellness, hygiene and agro brands register most.

Medicines for people

• Tablets, capsules, syrups, injections, ointments and drops
• Analgesics, antibiotics, anti-inflammatories and anaesthetics
• Ayurvedic, unani, siddha and homeopathic medicines
• Herbal extracts and medicinal herbs for medical use, herbal teas for medicinal purposes
• Balms, medicinal oils and dermatological preparations, including acne treatments
• Medicated shampoo, medicated soap and medicated toothpaste
• Nicotine gum and patches that help people stop smoking

Supplements and nutrition

• Vitamin preparations, mineral and glucose supplements
• Protein and whey protein dietary supplements
• Nutraceuticals for medical purposes and fish oil capsules
• Infant formula and food for babies
• Dietetic foods and medicinal drinks adapted for medical use, such as diabetic bread

Hygiene and first aid

• Sanitary napkins, tampons and panty liners
• Diapers for babies, adults with incontinence and pets
• Adhesive plasters, bandages for dressings, cotton swabs and absorbent cotton
• Antiseptics, antiseptic cotton and filled first-aid boxes
• Contact lens cleaning solutions

Disinfectants and pest control

• Disinfectants and wipes impregnated with disinfectant
• Antibacterial handwash and antibacterial soap
• Air purifying and air deodorising preparations, toilet deodorisers
• Insecticides, insect repellents, insect repellent incense and repellent bracelets
• Rat poison, fly catching paper and other vermin destroying preparations
• Herbicides (weedicides) and fungicides for crops

Veterinary and dental goods

• Veterinary medicines, dietary supplements for animals and protein supplements for cattle
• Antiparasitic collars, cattle washes and medicated pet shampoo
• Dental cements, amalgams, dental wax and impression materials

What is not in Class 5?

Health-related goods are split across several classes. The label claim and the form of the product decide where yours goes.

Who should file a trademark in Class 5?

• Pharma companies and third-party (loan licence) marketers with their own brands
• Ayurvedic, unani, siddha and homeopathic medicine makers
• Nutraceutical, vitamin and protein supplement brands
• Baby care brands selling infant food or diapers
• Sanitary pad and feminine hygiene startups
• Disinfectant, phenyl and hand hygiene product makers
• Pesticide, weedicide and mosquito repellent companies
• Veterinary medicine and animal health supplement suppliers

Pharma marketing companies that get medicines made by a contract manufacturer should file the trademark in their own name, since the brand belongs to whoever owns the application.

Classes related to Class 5 and multi-class filing

Health brands tend to grow sideways into cosmetics, devices and services. Under Section 18(2) of the Trade Marks Act, one application can name several classes, with the official fee paid for each one.

Class 5 vs Class 3 for personal care

The same shampoo can fall in either class. "Anti-dandruff treatment" sold as a medicine is Class 5, while a shampoo that only cleans and softens hair is Class 3. Herbal brands with both medicinal and cosmetic lines usually file both classes so no gap is left for a copier.

Class 5 vs Class 10 for medical products

Class 5 covers substances and dressings. Class 10 covers instruments and articles: syringes, gloves, thermometers, masks, condoms and orthopaedic supports. A pharmacy brand that private-labels both medicines and devices should register in both classes.

Class 5 vs Classes 29, 30 and 32 for health foods

Whey protein sold as a dietary supplement is Class 5. A protein bar sold as a snack is Class 30, and a sports drink is Class 32. The deciding factor is whether the product is presented as a supplement or for medical use, or simply as food.

Nice Classification changes and Class 5

The 13th edition (NCL 13-2026), in force since 1 January 2026, refreshed the wording of the Class 5 heading, for example "adhesive plasters" and "material for filling teeth". The scope of the class stayed the same. WIPO has also published version 13-2027. On the day you apply, match your goods to the IP India e-filing list, which is what the examiner uses.

Special rules for medicine brand names

Medicine names get stricter treatment than most brands, because a mix-up can harm a patient.

• No generic drug names: Section 13 of the Trade Marks Act bars registration of a word that is the declared international non-proprietary name (INN) of a drug, or deceptively similar to it. A brand like "Paracet" for paracetamol is likely to be refused.
• Stricter similarity test: in Cadila Health Care v. Cadila Pharmaceuticals (2001), the Supreme Court held that courts should be stricter in judging confusion between medicine names, since even a small confusion can affect health.
• Drug licence undertaking: under the Drugs Rules, a manufacturer applying for a licence must declare that its brand name is not the same as, or deceptively similar to, an existing drug brand. A trademark search before naming the product avoids trouble at this stage.

How to write your Class 5 goods description

Examiners object to wide terms like "medicines" when the real product is narrow. A precise list also makes it harder for others to argue that your registration covers goods you never sold.

Brand names that face objections in Class 5

Section 9 of the Trade Marks Act stops descriptive names. In Class 5, words like "Cure", "Relief", "Heal", "Immuno", "Vita", "Ortho" or "Pain Free" on their own describe the product or its effect, so examiners often object. Names that hint at a disease plus a common suffix, such as "Diabo" or "Cardio Plus", face the same problem.

Class 5 is crowded with thousands of medicine brands that differ by one or two letters. Section 11 objections are common, which is why the search at the top of this page checks sound-alike names too.

Licences health product businesses still need

Registering the brand does not let you make or sell medicines. These approvals are separate:

• Allopathic medicines: manufacturing licence from the State Licensing Authority under the Drugs and Cosmetics Act, 1940 and Drugs Rules, 1945; approval from CDSCO for new drugs and imports
• Ayurvedic, siddha and unani medicines: licence from the state AYUSH licensing authority under the same Act
• Homeopathic medicines: licence under the homeopathy provisions of the Drugs Rules
• Supplements and nutraceuticals: FSSAI licence and compliance with the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use...) Regulations, 2016
• Pesticides and weedicides: registration with the Central Insecticides Board under the Insecticides Act, 1968
• Retail and wholesale of drugs: drug sale licence from the state drug controller

Requirements depend on the exact product and claim, so confirm them before launch. Our team helps with both the brand filing and the business registrations.

How to check trademark availability in Class 5

1. Search here first. Put your proposed medicine or supplement name in the box at the top. You will see matching, close and phonetically similar Class 5 marks with their current status.
2. Test spelling variants. Medicine names are often written differently, so try a few versions, and check Classes 3, 10 and 44 on our trademark search if your range crosses into them.
3. Verify on the government database. Repeat the search on the IP India public search with Class 5 selected.
4. Weigh each result. Registered, accepted and advertised marks close to yours are serious risks in Class 5. Abandoned or refused marks matter much less.

How to register a trademark in Class 5

1. Clear the name in Class 5, related classes and against generic drug names.
2. Write the goods list using the products and terms you actually sell.
3. Submit Form TM-A through the IP India portal. The application number is issued immediately, and the ™ mark can be printed on strips and cartons from that day.
4. Handle examination: the examiner may raise objections under Sections 9, 11 or 13. The reply must be filed within one month of the report, under Rule 33 of the Trade Marks Rules, 2017.
5. Clear publication: the mark is then advertised in the Trade Marks Journal, where rivals have four months to file an opposition.
6. Get the registration: once no opposition is pending, the certificate issues and the ® symbol can be used. Protection lasts 10 years and is renewable.

Documents needed for a Class 5 application

• Owner details: name, address, and incorporation papers for a company, LLP or partnership
• Udyam or DPIIT startup proof for the reduced ₹4,500 fee
• Logo artwork in JPG, if you are protecting a logo as well
• The Class 5 goods you make or market
• For a brand already in use: date of first use, a user affidavit and proof such as invoices, cartons or batch records
• Form TM-48 signed in favour of the agent or attorney, if one files for you

Class 5 trademark fee

Fees are per class under the Trade Marks Rules, 2017. A pharma company (not a small enterprise) filing Classes 5 and 10 online pays ₹18,000 in government fees.

Common mistakes in Class 5 filings

• Filing a cosmetic in Class 5 because it is herbal. Without a medical claim, it is Class 3.
• Using a name close to a drug's generic name. Section 13 can block it.
• Ignoring one-letter differences. Look-alike medicine names are refused or opposed often.
• Putting devices in Class 5. Masks, gloves and syringes are Class 10.
• Filing protein bars or drinks as supplements. Snack and drink formats usually need Classes 30 or 32.
• Marketer filing in the manufacturer's name. The brand should be applied for by the business that owns it.

Benefits of registering your brand in Class 5

• Nationwide exclusive right to your medicine or supplement name
• Stronger action against counterfeit medicines and look-alike strips
• Smoother drug licence and brand name approvals, since the name is already cleared
• Easier listing with distributors, chemists and online pharmacies
• A transferable asset, useful when licensing a brand to another manufacturer or selling a product line

Quick guide: is your product in Class 5?

Work through the questions below. Your class is the one next to the first question where the answer is yes.

1. Is it an instrument, device or article such as a mask, glove or thermometer? Class 10.
2. Is it an ingredient sold to medicine makers, not to patients? Class 1.
3. Is it a cosmetic or toiletry with no medical claim? Class 3.
4. Is it ordinary food or a drink not stated as being for medical use? Classes 29, 30 or 32.
5. Does it treat, prevent or diagnose illness, supplement the diet, protect hygiene medically, or kill germs, pests or weeds? Class 5.

Borderline items, like a herbal oil that soothes pain or a gummy that carries vitamins, are worth checking before you file. Send us the label claim and pack, and we will confirm the class first.

Counterfeit medicines and trademark protection

Fake and look-alike medicines are a serious concern in India, and a registered Class 5 mark gives the owner the strongest legal footing. The owner can sue for infringement and seek an injunction and damages. Falsely applying a trademark, or selling goods with one, is also punishable under Sections 103 and 104 of the Trade Marks Act. Separately, the Drugs and Cosmetics Act treats spurious drugs as a serious offence.

Protecting the name, logo and pack

For medicines, the word mark matters most, since doctors write and chemists read the name, not the logo. File it first as a plain word. Carton artwork and strip designs can be added later as logo marks, and a unique bottle or dispenser shape can be registered under the Designs Act, 2000.

After registration: keeping your Class 5 mark safe

• Use the brand continuously. Five years or more without use can expose the mark to removal under Section 47.
• Monitor the Journal. New medicine brands are advertised every week. Opposing a close name within four months is far cheaper than a court case later.
• Renew before expiry. Form TM-R keeps the mark alive for another 10 years per class.
• Keep ownership records current. A transfer of the brand, a merger or a new address should be recorded with the Registry.

Examples of choosing classes for Class 5 businesses

Example: a Baddi-based pharma marketer selling tablets made by a contract manufacturer. It filed Class 5 in its own name and checked each brand against generic drug names before applying.

Example: a Kerala ayurvedic company with medicated oils and herbal soaps. The medicated oils went in Class 5 and the regular herbal soaps in Class 3.

Example: an Ahmedabad startup selling whey protein powder and protein bars. The powder, sold as a dietary supplement, went in Class 5, and the bars in Class 30.