Trademark Class 34: Tobacco, Smokers’ Articles and Matches
Class 34 of the Nice Classification covers tobacco and tobacco substitutes, cigarettes and cigars, electronic cigarettes, smokers’ articles and matches. Brand owners in these trades should name class 34 on Form TM-A when they file in India.
What class 34 covers
The official class heading reads: “Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.” It covers smoking products and the accessories and containers used with them.
The explanatory note adds non-medical tobacco substitutes, flavourings for electronic cigarettes and oral vaporizers, herbs for smoking, snuff, and accessories such as lighters, ashtrays, tobacco jars, snuff boxes and cigar humidors. India’s Trade Marks Registry follows the current Nice edition, NCL 13-2026, in force since 1 January 2026.
Common goods in class 34
Tobacco products
- Cigarettes and cigars
- Bidis and cigarillos
- Chewing tobacco and snuff
- Hookah tobacco
Smokers’ articles
- Lighters and lighter gas
- Ashtrays (not for cars)
- Cigarette papers and filters
- Pipes, hookahs, humidors
Matches and substitutes
- Safety matches
- Herbs for smoking
- Non-medical tobacco substitutes
- Electronic cigarette flavourings
What is not in class 34
Some smoking-related goods belong in other classes. The common mix-ups are these:
| Item | Where it goes |
|---|---|
| Tobacco-free cigarettes for medical use | Class 5 |
| Batteries and chargers for electronic cigarettes | Class 9 |
| Ashtrays for cars | Class 12 |
| Retail sale of tobacco products | Class 35 |
In practice, a match unit that adds a lighter range stays inside class 34. A move into car ashtrays, though, means a new class.
Who usually files in class 34
Bidi and cigarette makers
Manufacturers of bidis, cigarettes and cigars who sell under a house brand or several pack names.
Match and lighter units
Safety match factories and lighter makers, where the pack name is what buyers recognise.
Accessory brands
Sellers of hookahs, rolling papers, filters and humidors.
Tips before filing
Check the law for your product first
A registration protects the name; it does not make a product legal to sell. Check the sale and packaging rules for your exact product before you spend on a brand. Do that homework first.
Search by sound and by pack design
Search the IP India register first by word, by phonetic match and, for logos, by device.
Name each product type
Write “cigarettes; bidis; safety matches” rather than the full heading. A specification that matches actual trade is safer against non-use attacks after five years.
Protect pack names separately
If one company sells many pack names, each name needs its own application. We can plan filing the trademark application for the house mark first and the pack names next.
Frequently asked questions
Are lighters and matches in trademark class 34?
Yes. Both are named in the class 34 heading and explanatory note, along with ashtrays, tobacco jars, snuff boxes and cigar humidors. Only ashtrays made for cars move to Class 12. So a match factory or lighter brand files in class 34 even though it sells no tobacco at all.
Can one application cover class 34 and class 35 together?
Yes. Section 18(2) of the Trade Marks Act, 1999 allows a single application for several classes, but the government fee is charged for each class. So a brand filed in class 34 and class 35 pays two class fees on one Form TM-A. We will tell you which classes are worth the fee before we file.
Where do e-cigarette batteries and chargers go?
Batteries and chargers for electronic cigarettes go in Class 9, not class 34. The electronic cigarette itself and its flavourings sit in class 34. This split is set out in the class 34 explanatory note. Before filing for any such product, check that it can be legally sold in India, because a trademark gives no permission to trade. We will help you work out the right class list.
How long does a class 34 registration last?
A registered trademark lasts ten years and can be renewed every ten years after that without limit. Under Section 23(1) of the Trade Marks Act, 1999 the registration counts from the date of application, and Section 25(1) sets the ten-year term. You can renew on Form TM-R up to one year before expiry, and even a missed renewal can be saved within the grace period, so the brand stays yours as long as you keep it alive.
What is the government fee for a class 34 trademark?
The government fee on Form TM-A is ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for others. Paper filing costs ₹5,000 and ₹10,000 respectively, so online filing is the cheaper route. Each extra class you add is charged at the same rate. Our professional fee is quoted separately before you commit, so you know the full cost before we start.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
The government fee on Form TM-A is ₹4,500 per class for individuals, startups and small enterprises filing online, and ₹9,000 per class for everyone else. Paper filing costs more (₹5,000 and ₹10,000). We file online.
Ready to begin?
Tell us your brand and product list, and we will run a class 34 search and file the right specification.