Does Class 35 protect the products I sell?

No. Class 35 protects retail or business services. Product classes protect the goods themselves.

Do Amazon sellers need Class 35?

It depends on whether the brand identifies the products, a retail service, or both. Private-label sellers often start with product classes.

Can Class 35 cover an online marketplace?

Yes. Marketplace services for buyers and sellers are commonly considered under Class 35.

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Practical trademark guide

Do I Need Class 35 for Online Retail?

Class 35 is one of the most misunderstood trademark classes because it often sits next to product classes. It can cover retail services, but it does not replace the classes for the goods being sold.

The question is whether your mark identifies a retail, marketplace, advertising, business, or commercial service.

Key takeaways

Class 35 covers services such as online retail, wholesale, marketplace, advertising, and business management.

Product classes still matter when your brand is used on the goods themselves.

Retail wording should usually name the types of goods featured by the store.

When Class 35 is useful

Class 35 is useful when the brand identifies the store, marketplace, or commercial service. For example, an online store brand selling clothing may use Class 35 for retail services and Class 25 for the clothing goods.

It is also common for advertising agencies, business consultants, marketplace operators, and e-commerce platforms.

Online retail store services featuring cosmetics
Advertising and marketing services
Providing an online marketplace for buyers and sellers of goods

When Class 35 is not enough

If the brand appears on product packaging or identifies the goods themselves, Class 35 alone may leave an important gap. Retail services and goods are different commercial activities.

A coffee roaster selling branded beans online may consider Class 30 for coffee and Class 35 for online retail services.

How to write retail services

Retail wording should usually say what the store features. 'Online retail store services' is clearer when followed by the product categories being sold.

Avoid trying to use Class 35 as a shortcut to cover unrelated future product lines.

Examples

How this works in practice

Single-brand skincare store

Class 3 can cover skincare goods. Class 35 can cover online retail store services featuring skincare products.

Marketplace for independent clothing sellers

Class 35 is central because the business provides a marketplace service rather than only selling its own clothing.

Marketing agency

Class 35 applies because advertising, marketing, and business promotion services are Class 35 services.

Turn the guide into a class shortlist

The class finder asks about your actual goods and services, then maps them to likely Nice classes.

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