What Class 35 Covers
- Online and offline retail services: E-commerce stores, physical retail shops, multi-brand retail
- Wholesale and distribution services: B2B wholesale, dealership networks
- Advertising and marketing services: Ad agencies, digital marketing, social media marketing, SEO
- Business management and consulting: Management consulting, strategic advisory, business analytics
- Import and export services: International trade facilitation, customs brokerage
- Market research and business intelligence
- Franchise operations and management
- Clerical and administrative services: Data entry, secretarial, bookkeeping
Why Every D2C & E-Commerce Brand Must File Class 35
⚠ The Most Common Gap in Indian Trademark Portfolios
A clothing brand files only Class 25. A food brand files only Class 30. Neither files Class 35. When they open an online store, a competitor could register their brand name in Class 35 and legally operate a competing online store under the same name.Class 35 is specifically required for:
| Platform / Use Case | Why Class 35 Is Needed |
|---|---|
| Amazon Brand Registry | Amazon specifically requires a Class 35 trademark for full retail brand protection and Brand Registry enrolment |
| Flipkart Brand Store | Branded storefronts on Flipkart require trademark documentation — Class 35 is the retail service mark |
| Your own website/app store | Your online store brand identity is a Class 35 service — it is separate from the products you sell |
| Franchise operations | Running a franchise network under your brand name is a Class 35 business management service |
| Meesho, Myntra, Nykaa | Platform brand store features and brand verification require trademark documentation |
Product Class vs Class 35 — Simple Rule
| What You Are Protecting | Class to File |
|---|---|
| The clothing garments with your brand name | Class 25 |
| Your online store that sells the clothing | Class 35 |
| The food products you manufacture | Class 29/30 |
| Your food delivery app and brand | Class 35 |
| Your electronics products | Class 9 |
| Your electronics retail chain | Class 35 |
💡 The Simple Rule
Any business that operates a store (online or offline) under a brand name needs Class 35, in addition to whatever product class their goods are in.Class 35 for Advertising & Marketing Agencies
Advertising agencies, digital marketing firms, SEO companies, and PR agencies use Class 35 as their primary service class:
- Register your agency name in Class 35 (advertising and marketing services)
- If you build software/tools for clients: add Class 42
- If you provide content creation or design: Class 42 (design services)
- If you manage social media accounts as a service: Class 35 covers this
Class 35 for Franchise Businesses
If you plan to franchise your business, Class 35 is essential. The franchise model is specifically a Class 35 service because you are providing:
- Business format and management system services
- Operational guidance and support services
- Brand licensing under a business management framework
Without Class 35 registration, your franchise brand is legally incomplete. Franchisees will not invest in a brand without verified trademark protection.
Frequently Asked Questions
Class 35 protects your retail service brand — the identity of your store or marketplace presence. Your products are protected by their respective product class (Class 25 for clothing, Class 30 for food, etc.). You need both.
Yes — any size of retail business can file in Class 35. There is no minimum turnover or business size requirement for trademark filing.
If you are selling under your own brand name (not as a reseller of others' brands), you should register in Class 35 in addition to your product class. Amazon Brand Registry requires this for full brand protection.
Class 35 is the primary class. Add Class 42 if you provide software/digital tools, and Class 41 if you provide media, entertainment, or content production. Most full-service agencies file in Class 35 + 42.
Yes — MSMEs with Udyam registration pay ₹4,500 per class (online), and DPIIT-recognised startups also qualify for this rate. Non-MSME companies pay ₹9,000 per class.
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