Under the Nice Classification system followed by the Indian Trade Marks Registry, Class 35 covers services related to “advertising, business management, business administration, and office functions” — including retail and wholesale services. It does not, by itself, protect the goods you are selling.
This distinction trips up a large number of first-time e-commerce sellers. A founder selling handcrafted leather bags online will often file a single application in Class 35, believing it covers “selling bags on the internet.” In reality, Class 35 only protects the retail service under that mark — not the bags themselves, which fall under Class 18 (leather goods). A competitor manufacturing and selling similar bags under a confusingly similar name, through a different retail channel, may not infringe the Class 35 registration at all.
Why the Confusion Persists
Marketplace onboarding forms (for platforms like Amazon Brand Registry or Flipkart Brand Gate) frequently ask sellers to simply “upload your trademark certificate,” without clarifying which class is relevant to platform-level brand protection versus product-level protection. Sellers file whichever class their filing agent suggests is “fastest,” often without a proper classification review of their actual goods.
The Correct Filing Approach
- Identify every relevant goods class. A single brand selling apparel, accessories, and home goods under one mark may need registrations across Classes 25, 18, and 20—in addition to Class 35 if you also want to protect your marketplace or retail-service branding.
- Run a comprehensive clearance search across all relevant classes before filing, not just the class you assume applies. Phonetic and visual similarity objections under Section 11 of the Trade Marks Act, 1999 are assessed class-by-class, and an identical mark already registered in your goods class (even if unregistered in Class 35) can still block your application or expose you to opposition.
- Budget for multi-class filing from the outset. Government fees are charged per class, per application, so an accurate classification review upfront avoids costly re-filing later.
A Class 35 registration protects how you sell. A goods-class registration protects what you sell. Most brands need both.
What Happens If You File the Wrong Class
If your registration is limited to Class 35 and a competitor later registers an identical or deceptively similar mark in your actual goods class, you may find yourself unable to stop them from manufacturing and selling similar products under that name — even though your Class 35 mark remains valid for your own storefront branding. Correcting this typically means filing a fresh, properly classified application, which restarts the priority clock and can require a full re-examination.
Practical Takeaway
Before filing, sellers should map their full product catalogue to the relevant Nice Classes and file a coordinated, multi-class application with a qualified advocate who can run a proper search across each class. A short classification review at the outset is significantly less expensive than a defensive dispute two years into the business.
