Trademark Class 35 is one of the most important — and most misunderstood — classes for businesses operating in China. Known as the “retail and advertising class,” Class 35 covers a range of services that are critical for brand protection in China’s e-commerce-driven market. This guide explains what Class 35 covers, why it matters, and how to file effectively.
What Class 35 Covers in China
Under China’s subclass system, Class 35 is divided into several key subcategories:
Advertising and Business Management (Subclasses 3501-3503)
- Advertising agency services
- Online advertising on websites and apps
- Business management and organization consulting
- Commercial administration of third-party product licensing
Retail and Wholesale Services (Subclass 3503)
- Retail store services (online and physical)
- Wholesale services for various products
- Sales promotion for others
- Procurement services for others
Administrative and Office Services (Subclasses 3504-3507)
- Personnel management and recruitment
- Accounting and bookkeeping
- Business auditing
- Office machine and equipment rental
Why Class 35 Is Critical for E-Commerce
In China, protecting your brand in Class 35 is essential for e-commerce operations. Key reasons:
- Alibaba/Tmall Protection: Major Chinese e-commerce platforms require Class 35 registration for brand owners operating online stores. Without it, you may not be able to open a flagship store or enforce your rights on the platform.
- Online Marketplace Protection: Class 35 covers “online retail store services,” which is critical for brands selling through third-party platforms like JD.com, Pinduoduo, and Douyin (TikTok China).
- Advertising Protection: If you advertise your products in China (online or offline), Class 35 registration protects your advertising activities.
Class 35 vs. Your Product Class
Many foreign businesses make the mistake of filing only in their product class and ignoring Class 35. This is a critical error for the Chinese market:
| Scenario | Product Class Only | Product Class + Class 35 |
|---|---|---|
| Sell on Tmall | May be rejected | Fully protected |
| Advertise online | Limited protection | Full protection |
| Open physical store | Not covered | Covered |
| Block squatters | Only in product class | Product class + retail + advertising |
Filing Strategy for Class 35
1. File Early
Class 35 is one of the most frequently filed classes in China. Squatters target it because they know foreign brands need it for e-commerce. File as early as possible.
2. Be Specific About Services
Unlike some jurisdictions where “retail services” is sufficient, China requires specific service descriptions. For example:
- ✅ “Online retail store services featuring clothing, footwear, and accessories”
- ❌ “Retail services” (too vague)
3. Consider Subclass Coverage
Class 35 in China covers multiple subclasses. Ensure your application covers all relevant subclasses. Work with a Chinese trademark agent to identify the subclasses that align with your business activities.
4. File Together with Your Product Class
When filing your initial China trademark application, include Class 35 along with your core product class. The incremental cost is minimal, and the protection is invaluable.
Common Class 35 Myths
Myth 1: “I don’t sell directly to consumers, so I don’t need Class 35.”
Reality: If you have a Chinese-language website, run advertising campaigns, or sell through any online platform, you need Class 35 protection.
Myth 2: “Class 35 automatically covers all retail activities.”
Reality: China requires specific service descriptions. A generic “retail services” filing may not provide sufficient protection.
Myth 3: “My product class registration covers online sales.”
Reality: Product class registrations cover goods, not retail services. Selling goods through an online platform is a Class 35 service, not a Class 25 (or other product class) activity.
Get Class 35 Protection Right
Our team helps you identify the correct Class 35 subclasses for your business, draft compliant service descriptions, and file strategically to protect your e-commerce operations in China. Contact us for a consultation.
