Toothpaste is one of the most essential FMCG oral-care products in India, with categories such as herbal toothpaste, fluoride toothpaste, whitening toothpaste, ayurvedic toothpaste, gel toothpaste, kids’ toothpaste, and medicated (non-pharmaceutical) toothpaste.
If you manufacture or sell toothpaste, trademark registration is crucial to protect your brand identity from copycats in a highly competitive market.
This blog covers:
✔ Correct trademark class for toothpaste
✔ Rules for filing
✔ Benefits of registering a toothpaste brand
✔ 7–8 important FAQs
#1. Trademark Class for Toothpaste
Toothpaste falls under Trademark Class 3, which includes:
Toothpaste
Herbal toothpaste
Ayurvedic toothpaste (non-medicated)
Tooth gel
Teeth whitening gels
Mouth freshening gels (non-medicated)
Tooth powders
Tooth cleansing preparations
Oral hygiene cosmetic preparations
Class 3 covers cosmetic & cleansing preparations, making it the correct class for all non-medicated toothpaste products.
#2. Why Choosing the Correct Trademark Class Matters
If you file your trademark under the wrong class, it may lead to:
Application rejection
No protection for toothpaste products
Section 9/11 objections
Waste of money and time
For toothpaste, Class 3 is the only correct and valid class.
#3. Rules for Filing a Trademark for Toothpaste
Follow these mandatory rules when filing your trademark:
#✔ Choose the Correct Class – Class 3
All toothpaste and oral-care cosmetic preparations fall under Class 3.
#✔ Select a Unique and Strong Brand Name
Avoid generic names such as:
“Herbal Toothpaste,” “White Teeth Gel,” “Oral Fresh,” “Dental Care Toothpaste.”
These usually face objections for being descriptive.
Choose a creative, non-descriptive, unique name.
#✔ Decide Which Mark to File
You may file for:
Word Mark – Name only
Logo / Device Mark – Symbol + name
Label Mark – Full packaging design
#✔ Draft an Accurate Goods Description
Recommended wording:
“Toothpaste, tooth gels, tooth powders, whitening gels, oral cleansing preparations and cosmetic dental care products included in Class 3.”
#✔ Submit the Required Documents
Applicant ID proof
Logo (if filing device mark)
TM-48 authorization
#✔ Reply to Objections Within 30 Days
If Registry issues a Section 9 or Section 11 objection, reply on time to avoid rejection.
#4. Benefits of Registering Your Toothpaste Brand
#1. Exclusive Rights Across India
Only you can legally use your toothpaste brand name/logo.
#2. Protection Against Duplicate Brands
Toothpaste brands face heavy duplication in the Indian market — trademark protects your identity.
#3. Required for Online Marketplaces
Amazon, Flipkart, Nykaa, Meesho, BigBasket and other platforms prefer or require trademarked brands.
#4. Enhances Customer Trust
A registered brand appears more credible and reliable in the oral-care segment.
#5. Strengthens Packaging & Branding Protection
Trademark helps protect your logo, label, and brand identity.
#6. Valuable Business Asset
A registered trademark can be licensed, franchised, or sold in future.
#7. Nationwide Legal Protection
You can take action against infringers anywhere across India.
#8. Valid for Lifetime (With Renewal)
Trademark is valid for 10 years, renewable forever.
#5. FAQs: Trademark for Toothpaste
#1. Which trademark class covers toothpaste?
Trademark Class 3.
#2. Does Class 3 include herbal or ayurvedic toothpaste?
Yes, all non-medicated toothpaste products fall under Class 3.
#3. Is medicated toothpaste included in Class 3?
If the product is pharmaceutical, it may fall in Class 5.
But most toothpastes are cosmetic and belong to Class 3.
#4. Can I trademark my toothpaste packaging design?
Trademark protects the logo and name.
Bottle/tube shape design needs design registration separately.
#5. What is the government fee for filing?
₹4,500 for individuals/startups
₹9,000 for companies
#6. How long does the trademark process take?
Around 12–18 months, depending on objections.
#7. Do I need a trademark to sell toothpaste online?
Yes, trademark is required for Amazon Brand Registry and online cosmetic marketplaces.
#8. Can one trademark cover all toothpaste types?
Yes — whitening, herbal, gel, ayurvedic, charcoal toothpaste, etc.