What is Nice Classification Class 35?
Under the Nice Classification system, Class 35 belongs to the service categories and primarily covers commercial services relating to business operations, management, advertising, and retail or wholesale activities. In simple terms, if your business helps others sell products, provides business management services, or operates a platform that facilitates transactions, Class 35 is likely to be one of your core trademark classes.
3 Core Areas Covered by Class 35
According to the Nice Classification established by the World Intellectual Property Organization (WIPO), Class 35 does not protect the products themselves—it protects the commercial services involved in selling and operating a business.
Advertising and marketing: cover services such as advertising campaigns, digital marketing, public relations, and promotional services for products and services.
Business management and administration: include business consultancy, office administration, commercial management, and administrative support services.
Retail and wholesale services: protect businesses that bring together various goods, whether through physical stores or online shops, enabling consumers to browse and purchase products conveniently.
How Recent Nice Classification Updates Affect Digital Startups
As the digital economy continues to evolve, recent revisions to the Nice Classification have clarified the scope of Class 35 for online businesses. Services such as online advertising, online marketplaces, and e-commerce platforms are now clearly recognized under Class 35. For technology startups and SaaS companies, business models built around platforms, traffic generation, and online transactions should place Class 35 at the center of their trademark strategy.
If an Online Store Only Sells Its Own Products, Is Class 35 Still Necessary?
Even if an online store only sells products that it designs or manufactures itself, registering Class 35 is still strongly recommended because trademark protection for products and trademark protection for retail services are legally distinct.
【Key Distinction】
Products (e.g. clothing) ─── Class 25 (Protects the goods)
Sales Channels (e.g. online stores) ─── Class 35 (Protects retail and advertising services)
Class 35: The Essential Defensive Layer for Brand Protection
From a long-term business perspective, Class 35 serves as a critical defensive layer for any growing brand. Many startups begin by focusing on a single product, but as the business expands, they often diversify into new product lines, branded retail stores, pop-up shops, collaborations, or online marketplaces.
If Class 35 has not been secured in advance, another party may register an identical or similar trademark for retail services. In certain circumstances, this could create disputes over the operation of online stores, retail outlets, or promotional activities. For startups with limited budgets, registering both the relevant product classes and Class 35 is often the most cost-effective strategy for achieving comprehensive trademark protection.
Class 35 Trademark Cases: How to Prevent Your Sales Channels from Being Blocked
Real-world cases show that even if a brand owns trademark rights for its products, failing to register a Class 35 trademark can leave its flagship stores and online shops vulnerable to legal challenges based on retail service rights.
Case 1: Clothing Brand (Class 25) vs. Fashion Retail Store (Class 35)
Let's look at a practical example. Suppose you create a clothing brand called "Alpha" and successfully register the trademark under Class 25 for clothing, footwear, and apparel. This gives you the exclusive right to manufacture and sell clothing bearing the "Alpha" trademark.
However, when you launch the "Alpha Official Online Store" or open a physical retail shop, your retail and promotional activities fall within the scope of Class 35. If another party has already registered "Alpha" in Class 35, they may file complaints with e-commerce platforms, alleging that your store name or promotional activities infringe their retail service trademark rights, potentially forcing your online store to be removed. This is why many startups encounter costly trademark disputes after expanding their business, simply because they chose not to register an additional trademark class at the beginning.
The Legal Protection of Sales Channels and Store Branding
In practice, store signage, online shop names, website branding, and marketplace storefront names are generally assessed under Class 35, which covers retail, wholesale, and advertising services. If you have only registered your trademark for specific products, your brand name may be protected on product labels and packaging, but not necessarily for operating a retail store, promoting other brands, or running digital advertising campaigns. Without Class 35 protection, these everyday business activities may become the subject of trademark disputes.
Technology startups and software platforms should also rely on Class 35 to protect commercial activities such as online platform operations, marketplace services, and e-commerce advertising. Otherwise, competitors may secure the rights first and force the business to rebrand.
Case 2: Triple Trademark Protection for a Food Ordering App (Classes 9, 35 & 42)
Modern technology startups rarely operate a single traditional business. Take a food ordering and delivery app as an example. A comprehensive trademark strategy should include protection across three key classes.
Class 9 protects the downloadable mobile application itself.
Class 42 protects the SaaS platform, cloud services, software development, hosting, and maintenance.
Class 35 protects the commercial activities carried out through the platform, including advertising restaurants, promoting merchants, and facilitating transactions between consumers and businesses.
Why Class 35 Is Essential for Platform Monetization
For many startups, revenue comes not from the software itself, but from commercial activities such as advertising, marketplace commissions, and product promotion. Class 35 covers services including displaying goods for retail purposes through communication media, online marketplaces, and advertising. If a technology startup registers only Classes 9 and 42, but later earns revenue from commissions or third-party advertising, it may find that Class 35 has already been registered by someone else, putting its entire business model at risk.
Why Are Startups More Vulnerable to Class 35 Trademark Risks?
Startups are particularly vulnerable because Class 35 has one of the broadest commercial applications across all industries. Regardless of the products or services a business offers, most companies eventually engage in advertising, retail, or sales activities, making Class 35 one of the most competitive trademark classes and a common target for bad-faith registrations.
Specific Retail Services vs. General Retail Services
Many startup founders misunderstand the Nice Classification. For example, a cosmetics brand may assume that registering "cosmetics retail services" under Class 35 provides complete protection for all future retail activities. In reality, if the business later expands into a broader lifestyle marketplace or multi-brand retail platform, the original specification may no longer cover its new business activities. Choosing the right specification from the outset is therefore an important part of long-term trademark planning.
Key Intellectual Property Statistics:
According to statistics published by the World Intellectual Property Organization (WIPO), Class 35 has consistently ranked among the top three most frequently filed trademark classes worldwide in recent years. This reflects the high likelihood of trademark conflicts and highlights the importance of securing protection before expanding your business.
According to annual filing statistics released by the Taiwan Intellectual Property Office (TIPO), Class 35 (Advertising, Business Management, Retail and Wholesale Services) is the most frequently filed service class by domestic applicants, demonstrating the highly competitive nature of retail and e-commerce branding in Taiwan.
According to statistics from the Hong Kong Intellectual Property Department (IPD), more than 45% of trademark disputes involving e-commerce platforms and online stores concern conflicts between Class 35 service trademarks and product trademarks. This illustrates how businesses that fail to register both product and service trademarks may face significant legal disadvantages.
How Should Startups Build an Effective Trademark Strategy?
Startups should adopt a strategy of conducting a trademark search first, followed by professional legal analysis and carefully drafted specifications. Identifying potential conflicts before filing and tailoring the trademark specification to each jurisdiction can provide broader protection while keeping costs under control.
Step 1: Conduct a Trademark Search to Identify Core and Defensive Classes
For startups, every dollar matters. Before filing an application, a professional trademark search should always come first. For example, if you intend to register in both Mainland China and Taiwan, each jurisdiction has different filing rules and fee structures. China limits each class to 10 designated items, while Taiwan allows 20 designated items. Filing without first checking for existing conflicting trademarks may result in rejection, and official filing fees are generally non-refundable.
Regitup's professional trademark registration service helps identify similar registered trademarks in Class 35 before filing and assesses the likelihood of successful registration. Alternatively, you can use Regitup's free trademark search tool to evaluate your trademark's availability across different jurisdictions.
Step 2: Use Professional Legal Analysis to Draft the Right Specification
Trademark examination standards vary between jurisdictions. For example, trademark applications in the United States require proof of use (Specimen), while the European Union follows a different examination approach.
Our professional trademark registration service develops a tailored trademark specification based on your business's long-term growth strategy. For startups with limited budgets, our trademark consultants can also recommend the most effective combination of product classes and Class 35 to maximise protection while keeping registration costs under control. You may also refer to our international trademark fee guide and startup intellectual property strategy, or contact us for a free preliminary trademark assessment.
Frequently Asked Questions (FAQ)
Q1: My startup has just been established and has a limited budget. Can I register Class 35 later?
A: Although you can, the risk is significant. Most jurisdictions follow the first-to-file principle, meaning the first applicant generally obtains priority rights. If your business begins to gain recognition, another party may register your brand in Class 35 first, leaving you to face expensive legal proceedings or even a forced rebranding.
Q2: What should I do if someone registers my brand name in Class 35 for sales promotion services?
A: If the application is still within the publication period, you may file a trademark opposition. If the registration has already been granted, you may consider applying for invalidation or cancellation based on bad-faith registration, depending on the circumstances. Professional legal analysis and supporting evidence are usually required.
Q3: Should I register specific retail services or broader retail services?
A: The answer depends on your business model. If your startup currently focuses on a single product category, such as cosmetics, registering the corresponding retail services may be sufficient. However, if you plan to expand into a multi-brand retailer, marketplace, or lifestyle platform, broader retail and online marketplace specifications should be considered to provide more comprehensive protection.