Trademark Class 35 is consistently India's highest-volume trademark class. E-commerce companies, advertising agencies, retail chains, business management consultancies, and import/export companies all file here. But it is also the class with the most misfilings — businesses file in Class 35 when they actually needed Class 29 (food products), Class 25 (clothing), or Class 42 (IT services).

This guide explains exactly what Class 35 covers, what it does not cover, and how to decide if your business needs it.

The Core Principle

Class 35 covers the business activity of selling — not what you sell. A clothing retailer's retail service is Class 35. The clothes themselves are Class 25. If you are registering your brand for a clothing business, you likely need both.

What Does Class 35 Cover?

Under the Nice Classification, Class 35 covers advertising; business management; business administration; office functions; retail and wholesale services. In practical terms for Indian businesses:

Advertising and Marketing Services

  • Advertising agency services — creating and placing ads for clients
  • Digital marketing, SEO, social media marketing
  • Public relations services
  • Brand strategy and management consultancy
  • Direct mail advertising
  • Outdoor advertising (hoardings, banners)
  • Search engine marketing (SEM)
  • Influencer marketing coordination

Retail and Wholesale Services

  • Retail store services (physical and online)
  • E-commerce marketplace services
  • Wholesale distribution services
  • Import and export services
  • Franchising and licensing of retail concepts
  • Retail display and presentation services

Business Management and Administration

  • Business management consultancy
  • Human resource management services
  • Accounting and bookkeeping services
  • Business process outsourcing (BPO)
  • Procurement services
  • Market research and surveys
  • Business data management
  • Staffing and recruitment services

Who Needs to File in Class 35?

Business TypeClass 35?What Else?
E-commerce marketplace (Flipkart, Meesho style)✅ Yes — marketplace/retail serviceClass 42 (platform technology)
Advertising / digital marketing agency✅ Yes — advertising servicesClass 42 (if also building tech)
Retail chain (clothing, electronics, food)✅ Yes — retail services+ class of goods sold (Class 25, 9, 29 etc.)
D2C product brand (direct to consumer)Yes, if also running retailClass of your product (Class 25, 29 etc.) is more important
Business consulting firm✅ Yes — business management servicesClass 42 if IT/tech consulting
Import/export company✅ Yes — import/export servicesClass of the goods imported/exported
HR and recruitment firm✅ Yes—
Restaurant (dine-in only)UnlikelyClass 43 (restaurant services)
SaaS product companyDepends on modelClass 42 is primary

What Class 35 Does NOT Cover

This is where many businesses go wrong. Class 35 does NOT cover:

  • The goods you sell — filing in Class 35 as a clothing brand does not protect your brand on the clothes themselves. Class 25 does.
  • Restaurant and food service → Class 43
  • IT consulting, software development, SaaS → Class 42
  • Financial services → Class 36
  • Logistics and delivery → Class 39
  • Education and training → Class 41
  • Insurance → Class 36
  • Real estate brokerage → Class 36
Most Common Mistake

A food brand filing only in Class 35. This protects the brand for the retail/distribution activity — not for the food products themselves. If someone copies your brand name on their food products, your Class 35 registration may not be sufficient to stop them. Always file in the class of your actual product.

Class 35 and E-Commerce in India

For Indian e-commerce businesses, Class 35 is critical. The Trade Marks Registry has consistently held that e-commerce and online retail services fall within Class 35. Companies like Amazon, Flipkart, Myntra, Meesho, and Zepto all protect their brands in Class 35 for their marketplace/retail activity.

However, if you sell your own branded products through your e-commerce platform, you need additional class registrations for those products. For example, an e-commerce company that also sells its own brand of clothing should file in Class 35 (for the retail service) and Class 25 (for the clothing products).

Indian Brand Examples — Class 35

BrandClass 35 Coverage
Amazon IndiaE-commerce marketplace, retail services, advertising
FlipkartOnline retail services, marketplace
MyntraOnline retail of fashion and lifestyle products
NykaaOnline retail of beauty and cosmetics
LenskartRetail of eyewear
Ogilvy IndiaAdvertising and marketing services
MaricoBusiness management for FMCG distribution
Class 35 Filing Strategy

If you run a product business, always file in your product class first — that protects your brand on the actual goods. Add Class 35 if you also run a retail/distribution operation. If you are purely a service business (advertising, consulting, HR), Class 35 is your primary class.